WILLWIN DEVELOPMENT (ASIA) CO LTD v. WEI XING AND OTHERS

WILLWIN DEVELOPMENT (ASIA) CO LTD v. WEI XING AND OTHERS

On the balance of probabilities R1 did not fully comply with paragraphs 4 and 5 of the Anton Piller Order in respect of Listed Items 2, 3 and 4; his affirmation was evasive and the apology insincere because it denied or ignored the court's factual findings and failed to disclose or explain outstanding documents and transactions; having given R1 the prior opportunity to purge and having regard to the court's discretion under Re W(B), the suspended 28-day custodial sentence is activated and costs are awarded on an indemnity basis.

Citation
WILLWIN DEVELOPMENT (ASIA) CO LTD v. WEI XING AND OTHERS
Parties
Applicant (1st Plaintiff): WILLWIN DEVELOPMENT (ASIA) COMPANY LIMITED; 1st Respondent (1st Defendant): WEI XING; 2nd Respondent (2nd Defendant): EVOLUTION SOLUTION LIMITED; 3rd Respondent (3rd Defendant): HU YING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 May 2016
Case Number
HCMP2946/2014
Procedural Posture
Application for Committal and Writ of Sequestration Arising From Alleged Contempt of Injunctions and Anton Piller Order / Enforcement/activation Hearing of Suspended Committal Sentence After Judgment and Penalty Stages
Outcome
Suspended committal sentence activated; R1 imprisoned for 28 days; costs ordered against R1 on indemnity basis.
Legal Topics
Purging Contempt, Suspended Committal Orders, Disclosure Obligations Under Anton Piller, Standard of Proof in Civil Contempt, Exercise of Judicial Discretion on Activation of Sentence, Insincerity of Apology
Source Language
EN
Civil Contempt Injunctions Anton Piller Orders (search and Disclosure) Enforcement of Judgments Civil Procedure Costs Purging Contempt Suspended Committal Orders +4 more

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Parties

WILLWIN DEVELOPMENT (ASIA) COMPANY LIMITED

Applicant (1st Plaintiff)

WEI XING

1st Respondent (1st Defendant)

EVOLUTION SOLUTION LIMITED

2nd Respondent (2nd Defendant)

HU YING

3rd Respondent (3rd Defendant)

Procedural Posture

Application for Committal and Writ of Sequestration Arising From Alleged Contempt of Injunctions and Anton Piller Order / Enforcement/activation Hearing of Suspended Committal Sentence After Judgment and Penalty Stages

Legal Issues

  1. 1 Whether R1 has purged his contempt by filing affirmation WX3-2946 and complied with the Condition of suspension
  2. 2 Whether R1 breached paragraphs 4 and 5 of the Anton Piller Order in respect of Listed Items 2,3 and 4
  3. 3 Whether it is just to activate the suspended 28-day custodial sentence despite any partial compliance and apology

Ratio Decidendi

On the balance of probabilities R1 did not fully comply with paragraphs 4 and 5 of the Anton Piller Order in respect of Listed Items 2, 3 and 4; his affirmation was evasive and the apology insincere because it denied or ignored the court's factual findings and failed to disclose or explain outstanding documents and transactions; having given R1 the prior opportunity to purge and having regard to the court's discretion under Re W(B), the suspended 28-day custodial sentence is activated and costs are awarded on an indemnity basis.

Court Disposition

Suspended committal sentence activated; R1 imprisoned for 28 days; costs ordered against R1 on indemnity basis.

Orders

  • Activate 28-day custodial sentence against R1 (Wei Xing)
  • Costs of this application to be paid by R1 on an indemnity basis