Marketmaker Technology (Beijing) Co Ltd & Ors v CMC Group Plc & Ors [2009] EWHC 1445 (QB) (24 June 2009)

Marketmaker Technology (Beijing) Co Ltd & Ors v CMC Group Plc & Ors [2009] EWHC 1445 (QB) (24 June 2009)

Mr. Taher was in contempt of court as at the date of the application notice for intentional and deliberate breaches of his undertaking to disclose documents in specified categories relating to his means, as the obligation was clear, continuing, and not discharged by subsequent partial compliance.

Citation
[2009] EWHC 1445
Parties
Claimant: Marketmaker Technology (Beijing) Co Limited (now Forex Asia (Beijing) Management Ltd and formerly Xi Yin Online (Beijing) Technology Ltd); Claimant: Obair Group International Corporation; Claimant: Forex Technology Corporation; Claimant: Naser Taher; Defendant: CMC Group PLC; Defendant: CMC Asia Pacific Pty Ltd; Defendant: Peter Cruddas
Jurisdiction
England and Wales
Judgment Date
24 June 2009
Procedural Posture
Contempt Application (civil) / Judgment on Committal Application
Outcome
Findings of contempt of court against Mr. Naser Taher for breaches as at the date of the application notice in specified categories; further submissions invited on penalty.
Legal Topics
Breach of Undertaking, Disclosure Obligations, Enforcement of Costs Orders, Committal for Contempt
Civil Procedure Contempt of Court Breach of Undertaking Disclosure Obligations Enforcement of Costs Orders Committal for Contempt

Case Brief

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Parties

Marketmaker Technology (Beijing) Co Limited (now Forex Asia (Beijing) Management Ltd and formerly Xi Yin Online (Beijing) Technology Ltd)

Claimant

Obair Group International Corporation

Claimant

Forex Technology Corporation

Claimant

Naser Taher

Claimant

CMC Group PLC

Defendant

CMC Asia Pacific Pty Ltd

Defendant

Peter Cruddas

Defendant

Procedural Posture

Contempt Application (civil) / Judgment on Committal Application

Legal Issues

  1. 1 Whether Mr. Naser Taher was in contempt of court for failing to comply with an undertaking to disclose documents relating to his means.
  2. 2 Whether breaches of the undertaking as at the date of the application notice constituted contempt.
  3. 3 Whether subsequent breaches post-dating the application notice could be the subject of contempt findings.

Ratio Decidendi

Mr. Taher was in contempt of court as at the date of the application notice for intentional and deliberate breaches of his undertaking to disclose documents in specified categories relating to his means, as the obligation was clear, continuing, and not discharged by subsequent partial compliance.

Court Disposition

Findings of contempt of court against Mr. Naser Taher for breaches as at the date of the application notice in specified categories; further submissions invited on penalty.

Orders

  • Mr. Taher found in contempt of court for breaches in categories 1, 2, 4, 8.1, 9.1, 9.8, and 11 as at 21 August 2007.
  • Mr. Taher remains under a continuing obligation to comply with the undertaking; further orders to be determined after submissions on penalty.