AK v. MYNT

FCMC16285/2017

[2020] HKFC 28

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NUMBER 16285 OF 2017

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REASONS FOR D E C I S I O N

(Transfer of Proceedings to the Court of First Instance)

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1.  The procedural history of the present case can be gleaned from the Respondent’s Concise Statement of Issues and Chronology lodged with the court on 13 January 2020.

2.  By a summons dated 23 December 2019, the respondent husband (‘Husband’) made an application for an order for the transfer of these proceedings to the Court of First Instance. In his 7^th Affirmation filed on 2 January 2020, the Husband set out the reasons why he sought the transfer. The parties are in agreement that the present case should be transferred to the Court of First Instance in view of the complexity of the legal and factual issues involved, as well as the size of the parties’ assets. The solicitors for the Husband has procured a consent summons filed on 14 January 2020 for the court’s consideration and perusal.

3.  This is a long marriage with two children both being adults and financially independent, the only outstanding issue is the competing ancillary relief application made by the parties. It is accepted that the total value of the undisputed matrimonial assets is in the region of HKD255 million. However, it is the petitioner wife’s case that certain assets in the form of overseas trusts worth USD69 million and are held for the benefits of the respondent husband and other family members are nuptial in nature and in the circumstance the petitioner wife has taken out an application under s.17 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) (‘s.17 Application’) to set aside those overseas dispositions. It is accepted that there is a complex foreign element in the ongoing s.17 application that is vehemently opposed by the Husband.  In view of parties’ positions and arguments in relation to the overseas trusts, the capital value of the assets involved and the high complexity of the factual and legal issues involved, I accept that these proceedings are suitable to be dealt with in the Court of First Instance.

4.  Accordingly, it is ordered that:

(1)  This cause be transferred to the Court of First Instance pursuant to Rules 32 and 80 of the Matrimonial Causes Rules and Practice Directions 15.4. The transfer is to be take effect after the pronouncement of the Decree Nisi;

(2)  The Wife is to lodge the First Directions Hearing Bundle 14 days after a new case number has been notified, but not 14 days before the First Directions Hearing;

(3)  There be no order as to costs of the summons dated 23 December 2019 and the consent summons dated 14 January 2020 and all costs reserved of the proceedings be determined by the Court of First Instance.

5.  When ordering transfer, by consent I also give the case management direction that the parties shall jointly appoint Schweizerische Stiftung für Edelstein-Forschung via Christie’s test the following jewellery forthwith upon the parties’ agreeing to sell the pieces in Christie’s main auction or online sale in May 2020:-

(i)  Ruby Collection comprising a ruby and diamond ring, necklace and earrings (including the origin and treatment);

(ii)  8.01 Fancy yellow diamond VS1 diamond ring;

(iii)  Diamond and synthetic s-stene ring; and

(iv)  OBC 2.55ct (I/VS) diamond and diamond dress ring.

All the testing costs including but not limited to shipping and insurance costs of shipping be borne by the parties equally.