FCMC 3768/2020

[2024] HKFC221

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES NO. 3768 OF 2020

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DECISION

(Costs)

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1. This is the Petitioner’s application for costs of her summons dated 3 November 2023 (“the Petitioner’s Summons”), in which she applied for leave to disclose the financial documents of the present family proceedings and to use the same in the High Court Action, HCA 1592/2023 (“the High Court Action”).

2. I set out the chronology of salient events below.

DATE	EVENT
19 February 2021	Pursuant to a consent summons filed by the parties, the court made an order relating to the parties’ ancillary relief claims (“the 2021 Order”).
22 June 2022	Parties filed a consent summons to vary the 2021 Order.
20 July 2022	Pursuant to the parties’ consent summons filed on 22 June 2022, the court varied the 2021 Order (“the 2022 Variation Order”).
18 May 2023	The Respondent filed a summons seeking to discharge the 2021 Order.
3 October 2023	By way of a writ, the Petitioner commenced the High Court Action to set aside the 2021 Order.
19 October 2023	The Petitioner’s solicitors (“CRS”) sent a letter to the Court, copied to the Respondent’s solicitors (“Hugill & Ip”), stating, inter alia , they will be seeking leave from the Family Court for disclosure of documents to be used in the High Court.
24 October 2023	1) The Respondent filed an Acknowledgement of Service in the High Court Action and indicated he would defend the action. 2) Hugill & Ip sent a letter to the Court, copied to CRS, stating, inter alia , they would object to the Petitioner’s intended application for leave to disclose documents in the Family proceedings for use in the High Court. The Respondent invited the Petitioner to set out her request in detail for purposes of discussion.
3 November 2023	The Petitioner filed the Petitioner’s Summons for leave to disclose documents in the High Court Action.
4 January 2024	Hugill & Ip sent a letter to CRS stating they would object to the Petitioner’s Summons. The Respondent further requested CRS to provide a detailed list of documents the Petitioner sought to be disclosed in the High Court Action.
8 January 2024	1) Call over hearing for the Petitioner’s Summons.