Huang v Liao [2021] NSWSC 1706

Huang v Liao [2021] NSWSC 1706

Because the plaintiffs had filed a contempt motion, demonstrated a strong prima facie case that Ms Liao had flagrantly breached the Court's restraining and disclosure orders, and established on the balance of probabilities that she was likely to abscond from the jurisdiction, most probably to China, it was appropriate in the interests of the proper administration of justice to issue a warrant for her arrest without prescribing security at that time.

Jurisdiction
Australia
Judgment Date
24 December 2021
Procedural Posture
Contempt Application Arising From Alleged Breach of Injunctions and Asset Preservation Orders / Ex Parte Duty List Application for Issue of Arrest Warrant
Outcome
Arrest warrant issued.
Legal Topics
['civil Contempt' 'breach of Injunctions' 'asset Preservation Orders' 'arrest Warrant' 'risk of Absconding']
['contempt' 'equity' 'civil Procedure'] ['civil Contempt' 'breach of Injunctions' 'asset Preservation Orders' 'arrest Warrant' 'risk of Absconding']

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Procedural Posture

Contempt Application Arising From Alleged Breach of Injunctions and Asset Preservation Orders / Ex Parte Duty List Application for Issue of Arrest Warrant

Legal Issues

  1. 1 ['Whether a notice of motion for punishment of contempt had been filed or proceedings had been commenced for punishment of contempt under SCR Pt 55 r 10(a).' 'Whether it appeared to the Court that Ms Liao was likely to abscond or otherwise withdraw herself from the jurisdiction of the Court under SCR Pt 55 r 10(b).' "Whether the Court should exercise its discretion to issue a warrant for Ms Liao's arrest." 'Whether the Court should prescribe security at the time of issuing the warrant.']

Ratio Decidendi

Because the plaintiffs had filed a contempt motion, demonstrated a strong prima facie case that Ms Liao had flagrantly breached the Court's restraining and disclosure orders, and established on the balance of probabilities that she was likely to abscond from the jurisdiction, most probably to China, it was appropriate in the interests of the proper administration of justice to issue a warrant for her arrest without prescribing security at that time.

Court Disposition

Arrest warrant issued.

Orders

  • ['A warrant was issued for the arrest of Jingwen Liao so that she could be brought before the Court to answer the contempt charge.' "The Plaintiffs' contempt motion filed in Court on 14 December 2021 is returnable before Ward CJ in Eq for directions with the balance of the proceedings on 2 February 2022."]