Court of Appeal rejects unequal distribution claim and re-opens ancillary relief award to grant ‘mesne rent’

Josh Baker appeared in the Court of Appeal for the successful husband (with Azan Marwah and instructed by Withersworldwide): EBS v NTCD [2024] HKCA 335.

The wife sought a greater departure from equal sharing on the basis that she had forgone her investment banking career and ‘supreme’ earning capacity. The Court dismissed the appeal, since the point had not been properly taken below (§§35-43) and since, in any event, this was not an exceptional case calling for further adjustments using the compensation principle (§§44-45). The Court further re-opened the ancillary relief award following the final order to grant 12 months’ rent of the former matrimonial home, which was ordered below to be sold but which the wife had refused to vacate (§§69-76).