FCMC 7628 / 2023

[2025] HKFC 56

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NO. 7628 OF 2023

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BETWEEN

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REASONS FOR DECISION
(Joinder, Forum involving 3 ^rd party charging order)

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A. The Application

1. This is NRCL’s application by a Summons dated 18 October 2024 (“ the Summons ”) for joinder in these matrimonial proceedings as intervener “on the issue of interest in and/or disposition of the matrimonial home property” (“ Joinder Application ”).

2. After hearing the parties’ substantive argument, I made the following orders in the Joinder Application:

2.1. NRCL be joined in the ancillary relief proceedings of this action on the issue of NRCL’s interest in the parties’ matrimonial home (“ MH ”), if any.

2.2. The Respondent be renamed as the 1 ^st Respondent in this action.

2.3. NRCL be renamed as the 2 ^nd Respondent in this action.

2.4. Costs of the Joinder Application (except for today’s hearing) be in the cause of the question whether the 2 ^nd Respondent shall receive an award out of the value of the MH.

2.5. The 2 ^nd Respondent do pay the Petitioner and the 1 ^st Respondent’s costs of today’s hearing to be taxed if not agreed on party and party basis, with certificate for counsel.

2.6. The Petitioner and the 1 ^st Respondent’s own costs be taxed in accordance with the Legal Aid Regulations.

3. These are the reasons for my decision.

B. Background

4. The parties were married in February 2005. This is a long marriage of 18 years. They have a child born in December 2006, now aged 18.

5. The major family asset of the parties is the MH acquired by the Respondent (“ H ”) prior to their marriage. H is the sole legal and beneficial owner of the MH. Both parties and the adult child are residing in the MH.

6. NRCL is a moneylender who had lent a loan to H in the sum of $350,000 on 17 June 2019. Subsequently on four occasions, NRCL granted loans to H for refinancing of his then existing liabilities. According to NRCL, the latest one was granted in January 2023 in the sum of $980,000 (“ the Loan ”).

7. On 11 July 2023, the Petitioner (“ W ”) presented a petition for divorce on the ground of unreasonable behaviour (“ FC Action ”). She registered a Form 25 [1] in the Land Registry against the MH on 1 August 2023.

8. About a week later (8 A