FCMC 15810/2018
(consolidated with FCMC No.15905/2018)

[2025] HKFC 116

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES NO. 15810 OF 2018

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D E C I S I O N

(Variation of Costs Order Nisi)

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Background

1. On 31/10/2024, I handed down my 87-page Judgment (“AR Judgment”) on the parties’ respective ancillary reliefs after a 5-day trial (in June and November 2022). Two Corrigenda have also been issued on 1 November and 23 December 2024 respectively. For the sake of convenience, I would adopt the same nomenclature in the AR Judgment in this Decision with “H” for the Petitioner husband, “W” for the Respondent wife and “C” for their only child of the family.

2. In the AR Judgment I decided, in summary, as follows :-

(a)  There be a capitalised maintenance for the child C assessed at HK$8 million (“C’s Fund”) to be carved out from the matrimonial pot of assets [1] ;

(b)  There be a ratio split of 48% to H and 52% to W of the matrimonial pot of assets after carving out the said C’s Fund of HK$8 million [2] ;

(c)  For equalisation, parties may keep and retain those assets specified in the AR Judgment or otherwise agreed between the parties [3] ;

(d)  For equalisation, there be a payment by W to H in the sum of HK$9,229,629 [4] ;

(e)  H to bear W’s costs of the ancillary reliefs, including all costs reserved, to be taxed if not agreed. This is a costs order nisi which would become absolute if no application was made by any party to vary the same within 14 days from the date of the AR Judgment. (with Certificate for Counsel) (“ costs order nisi ”) [5] .

3. On 14/11/2024, H issued a Summons (“H’s Summons”) seeking variation of the costs order nisi to the extent that H do pay 70% of the costs of the ancillary reliefs, including the ancillary reliefs trial and all costs reserved, with Certificate for Counsel, to be taxed if not agreed [6] .

4. H filed his 5 ^th Affidavit in support [7] . W filed her 5 ^th Affirmation in opposition [8] . H filed his 6 ^th Affidavit in reply [9] .

5. On 12/12/2024, with the consent of the parties, I directed that H’s Summons for variation of the costs order nisi be dealt with on paper [10] .

H’s grounds of application

6. There are 5 grounds of application grouped under the following headings :-

(a)  H’s partial success in the ancillary reliefs claims;

(b)  W’s lack of effort in settlement negotiations;

(c)  W’s failure to give f