EXCEL NOBLE DEVELOPMENT LTD. AND OTHERS v. WAH NAM GROUP LTD. AND OTHERS

EXCEL NOBLE DEVELOPMENT LTD. AND OTHERS v. WAH NAM GROUP LTD. AND OTHERS

Judge found beyond reasonable doubt that the affirmation was three weeks late and did not comply with the Disclosure Order by failing to disclose C1's directly owned assets and unencumbered values as required; therefore Matthew Chan Kwok Choi was in contempt of the Disclosure Order.

Citation
EXCEL NOBLE DEVELOPMENT LTD. AND OTHERS v. WAH NAM GROUP LTD. AND OTHERS
Parties
1st Plaintiff: Excel Noble Development Ltd; 2nd Plaintiff: Stamford Star Finance Ltd; 3rd Plaintiff: Unbeatable Assets Ltd; 1st Defendant: Wah Nam Group Ltd; 2nd Defendant: Wah Nam Holdings Co. Ltd; 3rd Defendant: William Chan Pak To; 4th Defendant: Wah Hing Securities Ltd; 1st Contemnor: Wah Nam Group Ltd; 2nd Contemnor: Matthew Chan Kwok Choi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 November 2000
Case Number
HCA12439/1999
Procedural Posture
Civil: Contempt Application Arising From Disclosure Order and Mareva Injunction / Judgment (finding of Contempt; Sentence Reserved)
Outcome
Contempt established against Matthew Chan Kwok Choi; sentencing (imprisonment) reserved for hearing after submissions
Legal Topics
Mareva Injunction, Disclosure Order, Committal, Sequestration, Service of Process, Winding Up
Source Language
EN
Civil Procedure Contempt of Court Injunctions Company Law Enforcement of Judgments Mareva Injunction Disclosure Order Committal +3 more

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Parties

Excel Noble Development Ltd

1st Plaintiff

Stamford Star Finance Ltd

2nd Plaintiff

Unbeatable Assets Ltd

3rd Plaintiff

Wah Nam Group Ltd

1st Defendant

Wah Nam Holdings Co. Ltd

2nd Defendant

William Chan Pak To

3rd Defendant

Wah Hing Securities Ltd

4th Defendant

Wah Nam Group Ltd

1st Contemnor

Matthew Chan Kwok Choi

2nd Contemnor

Procedural Posture

Civil: Contempt Application Arising From Disclosure Order and Mareva Injunction / Judgment (finding of Contempt; Sentence Reserved)

Legal Issues

  1. 1 Whether late filing of the disclosure affirmation constituted contempt of court
  2. 2 Whether the affirmation's failure to disclose C1's directly owned assets (as opposed to subsidiaries' assets) constituted contempt
  3. 3 Whether lack of personal service undermined notice required for contempt

Ratio Decidendi

Judge found beyond reasonable doubt that the affirmation was three weeks late and did not comply with the Disclosure Order by failing to disclose C1's directly owned assets and unencumbered values as required; therefore Matthew Chan Kwok Choi was in contempt of the Disclosure Order.

Court Disposition

Contempt established against Matthew Chan Kwok Choi; sentencing (imprisonment) reserved for hearing after submissions

Orders

  • Contempt proved against Matthew Chan Kwok Choi; hearing to be convened for sentencing (imprisonment to be considered)
  • Leave to dispense with personal service granted under O.45 r.7(7) (as recorded in ruling)