- Link: https://legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=156150&currpage=T
- Date of handing down judgment: 20 October 2023
- Coram: Deputy District Judge W.Y. Ho in Chambers
This case concerned an application by the Petitioner for (i) maintenance pending suit and interim periodical payments; (ii) provision for legal costs; and (iii) Respondent to continue to pay mortgage payments, utility fees, management fees, domestic helper fees, school fees, and educational expenses for the child. There had previously been an application by the Petitioner to permanently relocate the child to India, which was agreed by parties. In short, the Court considered the reasonable needs and estimated living expenses that the Petitioner and the Child required in India.
In light of the fact that the Petitioner did not file helpful nor supportive proof to support any estimated sums, the Court was unable to determine what a reasonable sum, that could meet the Petitioner and Child’s reasonable financial needs in idea was. As for the Petitioner and the Child’s expenses in Hong Kong, the Court find the Petitioner to have exaggerated the miscellaneous sums. Notwithstanding the above, after a thorough examination of the relevant evidence and being satisfied that the Respondent had the means to “comfortably afford the Petitioner’s pending suit, the child’s interim periodical payments, and the Petitioner’s legal costs provision”, the Court granted the Petitioner’s applications. Since the Petitioner was successful in her application, it was held that costs were to follow the event.
