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Margareta Kristina Agell v Lars Christer Agell And Another

Judgment Cited in Precedent Map Related
Vincent
Judgment Date09 December 1976
Year1976
Judgement NumberFCMC817/1976
Subject MatterMatrimonial Causes
CourtFamily Court (Hong Kong)
FCMC000817/1976 MARGARETA KRISTINA AGELL v. LARS CHRISTER AGELL AND ANOTHER

FCMC000817/1976

IN THE DISTRICT COURT OF HONG KONG

HOLDEN AT VICTORIA

DIVORCE JURISDICTION

ACTION NO. 817 OF 1976

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BETWEEN
MARGARETA KRISTINA AGELL Petitioner
and
LARS CHRISTER AGELL Respondent
MARINA McCLUNG Co-Respondent

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Coram: Mr. Registrar Barnett in Chambers

Date of Judgment: 9th day of December, 1976

Rodway (Fairbairn, Kwok & Wang) for Petitioner

Pilbrow of Johnson Stokes & Master for Respondent

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Ancillary Relief

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1. The petitioner has filed a petition for divorce and now applies for maintenance pending suit for herself and her 3 children who are aged 17, 13 and 10.

2. The facts of this case are somewhat unusual. Accordingly, I reserved my decision and now reduce it to writing.

3. It is not in dispute that the parties finally separated in about July 1976. At that time, the respondent was employed by the Volvo Company of Sweden, earning a salary of $18,750 a month and was provided with a house the cost of which was set at $10,000 by the company However, at that time the respondent was aware that his employment with Volvo was likely to terminate, and indeed, it terminated on the 30th November 1976. Upon such termination, the respondent was paid $350,000 by the company and this money the respondent has invested in a company formed by himself and the co-respondent. In addition, this company has raised a loan of $150,000, has rented premises at $17,000 per month.

4. Before the termination of his previous employment, the respondent had arranged the purchase of an expensive yacht from England which is costing in the region of £30,000. He has assigned this boat to the new company which will repay him the £10,000 already paid. He hopes to gain commission by the sale of other similar yachts. He also has another boat worth some $150,000 which he is seeking to sell.

5. The respondent came to an arrangement with Volvo, although which party actually instigated the arrangement is not clear, that he would be allowed to live in the house provided by Volvo rent free until the end of June 1977. Alternatively, if he moves out of the house before that date, he will be entitled to the housing costs of $10,000 in cash from Volvo for each full month until June 1977. In the event, the respondent has agreed to allow the petitioner and the children to remain in the house.

6. What all this means is that, although the respondent has a substantial amount of capital, none of the capital is at present producing income, the respondent has no other source of income, and he does not expect to have any substantial income for several months if not years in the future. The respondent has made no offer whatsoever.

7. For the petitioner, Mr. Rodway makes basically one point. He says that at all material times the respondent was perfectly aware that his employment with Volvo was due to terminate. It was terminated because the respondent did not wish to move to Djarkarta. However, knowing that by leaving his well paid job he would be jeopardizing his family, he should have made sure that proper provision was made for them. Upon the evidence, Mr. Rodway says that the respondent has shown on the one hand complete confidence in his financial future and on the other a lack of recognition that the petitioner and the children have a call upon him. The respondent has made no provision for his family and now must be shown that this requirement falls upon him. The fact that he is living with the...

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