Marketmaker Technology (Beijing) Co Ltd & Ors v CMC Group Plc & Ors

Marketmaker Technology (Beijing) Co Ltd & Ors v CMC Group Plc & Ors

Mr. Taher was in contempt of court as at 21 August 2007 for intentional and deliberate breaches of his undertaking to disclose documents relating to his means, specifically in relation to his land in Jordan, bank statements of FXA, bank statements and accounts of Marketmaker Technology (Beijing) Co. Ltd., and up to date statements of personal bank accounts. The breaches were continuing, and subsequent partial disclosures did not purge the contempt. Findings of contempt could not be made for breaches arising after the application notice.

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 Enforcement) / Judgment on Committal Application
Outcome
Finding of contempt of court against Mr. Naser Taher for breaches existing as at 21 August 2007.
Legal Topics
Breach of Undertaking, Disclosure Obligations, Committal for Contempt, Enforcement of Costs Orders
Civil Procedure Contempt of Court Breach of Undertaking Disclosure Obligations Committal for Contempt Enforcement of Costs Orders

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 Enforcement) / 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 as required for enforcement of costs orders.
  2. 2 Whether breaches of the undertaking were intentional or deliberate and thus amount to contempt.
  3. 3 Whether the scope of the undertaking and the application notice allowed findings of contempt for breaches occurring after the application notice.

Ratio Decidendi

Mr. Taher was in contempt of court as at 21 August 2007 for intentional and deliberate breaches of his undertaking to disclose documents relating to his means, specifically in relation to his land in Jordan, bank statements of FXA, bank statements and accounts of Marketmaker Technology (Beijing) Co. Ltd., and up to date statements of personal bank accounts. The breaches were continuing, and subsequent partial disclosures did not purge the contempt. Findings of contempt could not be made for breaches arising after the application notice.

Court Disposition

Finding of contempt of court against Mr. Naser Taher for breaches existing as at 21 August 2007.

Orders

  • Court to hear submissions on appropriate penalty for Mr. Taher’s contempt.