CHUN WO CONSTRUCTION & ENGINEERING CO LTD AND ANOTHER v. LOK WAI KEI AND ANOTHER
Plaintiffs failed to prove beyond reasonable doubt that the defendant possessed or had destroyed the documents required by the production orders; the court accepted it was probable she accessed the intranet and may have made notes but that probability did not meet the criminal standard for committal, so the committal motion was dismissed.
- Citation
- CHUN WO CONSTRUCTION & ENGINEERING CO LTD AND ANOTHER v. LOK WAI KEI AND ANOTHER
- Parties
- 1st Plaintiff: Chun Wo Construction & Engineering Company Limited; 2nd Plaintiff: Chan Chung Fai; 1st Defendant (discontinued): Lok Wai Kei; 2nd Defendant: Kam Fung Ying
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 8 December 2008
- Case Number
- HCA235/2007
- Procedural Posture
- Civil: Breach of Confidence and Committal for Contempt / Hearing and Judgment on Committal Application
- Outcome
- Motion for committal dismissed
- Legal Topics
- Injunction, Delivery Up Order, Committal, Service and Orders, Affirmation, Standard of Proof
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
Chun Wo Construction & Engineering Company Limited
1st Plaintiff
Chan Chung Fai
2nd Plaintiff
Lok Wai Kei
1st Defendant (discontinued)
Kam Fung Ying
2nd Defendant
Procedural Posture
Civil: Breach of Confidence and Committal for Contempt / Hearing and Judgment on Committal Application
Legal Issues
- 1 Whether the defendant possessed or once possessed documents/materials covered by the production order
- 2 Whether the plaintiffs proved beyond reasonable doubt that the defendant breached the production orders or destroyed documents
- 3 Whether the defendant's account of memorising intranet data is credible in absence of documentary evidence
Ratio Decidendi
Plaintiffs failed to prove beyond reasonable doubt that the defendant possessed or had destroyed the documents required by the production orders; the court accepted it was probable she accessed the intranet and may have made notes but that probability did not meet the criminal standard for committal, so the committal motion was dismissed.
Court Disposition
Motion for committal dismissed
Orders
- Committal motion dismissed
- No order as to costs
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