His Honour Judge G. Own in Chambers (Not Open to Public)
Date of Hearing:
23 July 2024
Date of Closing Submission:
16 August 2024
Date of Judgment:
16 May 2025
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J U D G M E N T
(Variation of Lump Sum Instalments)
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Introduction
1.
This is the trial in respect of an application taken out by way of Summons by the Respondent on 30/6/2022
[1]
. Although the parties’ marriage had ended, I will conveniently refer to the Petitioner as “W” and the Respondent as “H” in this Judgment.
2.
The terms of H’s Summons read as follows :-
“(a) The Respondent be discharged from his undertaking and his obligation to pay the lump sum of HK$17,000,000 (“Lump Sum”) by instalments under paragraph 1 of the Order of Deputy Judge G. Own (as District Judge G. Own then was) dated 12 June 2015 (the “Order”); and/or
(b) Further or alternatively, there be a variation of the Order to the effect that the Respondent shall pay any outstanding balance of the Lump Sum by way of a monthly instalment of HK$10,000 or a monthly instalment of such amount as the Court thinks fit; and/or
(c) Further or alternatively, there be a variation of the Order to the effect that, in lieu of paragraph 1 of the Order, the Respondent shall pay a monthly periodical payment of maintenance at the rate of HK$10,000 per month (or such periodical payment as the Court thinks fit) to the Petitioner; and/or
(d) Further or alternatively, there be a variation of the Order to the effect that the lump sum payable to the Petitioner be varied to such amount as the Court thinks fit……..”
3.
The Order in respect of which H was seeking variation was granted under a Consent Summons dated 12/6/2015 signed by the parties where both of them were legally represented (“Consent Order”).
The “Consent Order”
4.
The terms of the Consent Order was a full and final settlement of the parties’ respective ancillary reliefs against each other in these divorce proceedings. There are various recitals setting out parties’ agreement, acknowledgement and undertaking to the Court and to each other.
5.
Under the Consent Order, H was to pay to W a lump sum of HK$17,000,000 by way of 72 monthly instalments, the date(s) and amount(s) of each segment of the instalments was set out in detail in a table under Recital G of the Consent Order. The 1
st
instalment started on 1/5/2015 and the 72
nd
instalment to be paid on 1/4/2021.
6.
Under Recital H of the Consent Order, parties agreed that there would be a “grace period” in H’s favour as follows :-
“
AND UPON
the Petitioner and Respondent agreeing and undertaking to the Court and to each other that in the event the Respondent shall default in making any payment(s) under Recital G of the Consent Summons, the Respondent shall be giv
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