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 breaches of his undertaking to disclose documents relating to his means, specifically in relation to land in Jordan, bank statements of FXA, Marketmaker Technology (Beijing) Co. Ltd., and up-to-date statements of personal bank accounts. The breaches were continuing and intentional, and the standard of proof for contempt was met. Breaches arising after the application notice could not be the subject of contempt findings without a further application notice.

Citation
[2009] EWHC 1445 (QB)
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 Within Civil Enforcement Proceedings / Judgment on Committal Application
Outcome
Findings of contempt against Mr. Naser Taher for breaches existing as at the date of the application notice; further hearing to determine penalty.
Legal Topics
Enforcement of Costs Orders, Disclosure Obligations, Committal for Contempt, Interpretation of Undertakings, Standard of Proof in Contempt Proceedings
Civil Procedure Contempt of Court Enforcement of Costs Orders Disclosure Obligations Committal for Contempt Interpretation of Undertakings Standard of Proof in Contempt Proceedings

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 Within Civil Enforcement Proceedings / 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 the breaches were intentional or deliberate and whether the standard of proof for contempt was met.
  3. 3 Whether the scope of the undertaking and the application notice permitted findings of contempt for breaches occurring after the application notice.

Ratio Decidendi

Mr. Taher was in contempt of court as at the date of the application notice for intentional breaches of his undertaking to disclose documents relating to his means, specifically in relation to land in Jordan, bank statements of FXA, Marketmaker Technology (Beijing) Co. Ltd., and up-to-date statements of personal bank accounts. The breaches were continuing and intentional, and the standard of proof for contempt was met. Breaches arising after the application notice could not be the subject of contempt findings without a further application notice.

Court Disposition

Findings of contempt against Mr. Naser Taher for breaches existing as at the date of the application notice; further hearing to determine penalty.

Orders

  • Mr. Taher found in contempt of court for breaches of his undertaking to disclose documents relating to his means as at 21 August 2007, specifically in relation to land in Jordan, bank statements of FXA, Marketmaker Technology (Beijing) Co. Ltd., and up-to-date statements of personal bank accounts.
  • Further submissions to be heard on penalty.