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2024 Supreme(HK)(HKFC) 497

FCMC 11521 / 2015

[2024] HKFC 125

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NO. 11521 OF 2015

----------------------------

BETWEEN

PMCL also known as Petitioner
LMC also known as KLMC
and
AKK also known as KAK 1 st Respondent
ZL 2 nd Respondent

----------------------------

Coram: Her Honour Judge Elaine Liu in Chambers (Not Open to Public)
Date of Submissions by Petitioner: 16 May 2024 and 10 July 2024
Date of Submissions by 1 st Respondent: 8 May 2024 and 26 June 2024
Date of Decision: 9 August 2024 (by paper disposal)

__________________________

DECISION
(MPS, Stay of Proceedings)

__________________________

A. The Applications

1. Before this court are two Summonses (“ Summonses ”) issued by the 1 st Respondent husband (“ R1 ”) against the Petitioner wife (“ P ”).

2. The first one is a Summons dated 7 December 2023 (“ MPS Summons ”) for the following:

2.1. Maintenance pending suit to R1

2.1.1. at a monthly sum of HK$168,000 from 1 January 2024;

2.1.2. a lump sum of over HK$19 million for maintenance pending suit from 1 January 2013 (which is before the petition); and

2.1.3. a lump sum payment of over HK$10 million for R1’s 2024 medical insurance and medical expenses, expenses relating to the purchase of a car and renovation of the matrimonial home etc.

2.2. Interim children maintenance be paid to R1

2.2.1. at US$10,600 monthly for the Daughter [1] from 1 January 2024 onwards;

2.2.2. a lump sum payment of US$150,000 for the purchase of cars for the Son [2] and the Daughter; and

2.2.3. a lump sum payment of over HK$9.5 million as interim maintenance for the two adult children for the period from 1 January 2013 (which is before the petition).

2.3. Legal costs provisions to R1

2.3.1. at HK$360,000 per month from 1 June 2023; and

2.3.2. a lump sum of HK$10.8 million as legal costs provisions from 4 September 2015.

2.4. Security for payment.

3. The second one is a Summons dated 28 December 2023 (“ Stay Summons ”) in gist for a stay of all proceedings in this action, except the MPS Summons, pending the final determination (including any appeal) of the MPS Summons.

4. I directed these Summonses to be dealt with by paper disposal. This is my decision.

B. Relevant facts and procedural history

5. P is about 58 years old and R1 is about 62. They graduated from a university in the United States in 1988 [3] . R1 further obtained his master’s degree in Chemistry Engineering in 1990 [4] . They got married in 1990 and have two adult childre




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