ANZ COMMODITY TRADING PTY LTD v. EXCELLENCE RAISE OVERSEAS LTD AND OTHERS

ANZ COMMODITY TRADING PTY LTD v. EXCELLENCE RAISE OVERSEAS LTD AND OTHERS

The defendant was found to have willfully and deliberately evaded service and disobeyed disclosure orders; however, having regard to her minor clerical role, family and financial circumstances and the four days custody already served, a custodial sentence was not warranted; instead the court imposed a financial...

Source-derived case information.

Citation
[2025] HKCFI 2292
Parties
Plaintiff: ANZ Commodity Trading Pty Ltd; Defendant (hcmp 489/2021): Cheuk Kwan Hung; 1st Defendant (hccl 4/2017): Excellence Raise Overseas Limited; 2nd Defendant (hccl 4/2017): Come Harvest Holdings Limited; 3rd Defendant (hccl 4/2017): Mega Wealth International Trading Limited; 4th Defendant (hccl 4/2017): Wong Wai Kwok; 5th Defendant (hccl 4/2017): Ko Siu Mei Hamay; 6th Defendant (hccl 4/2017): Siu Chung Hang; 7th Defendant (hccl 4/2017): Zhuhai Hengqin De Feng International Trading Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 May 2025
Case Number
HCCL4/2017
Procedural Posture
Contempt of Court Proceedings Arising From Disclosure (committal) in a Commercial Action / Penalty/costs Hearing After Finding of Contempt
Outcome
Contempt established; financial penalty for costs imposed instead of further custody; bail discharged
Legal Topics
Disclosure Orders, Contempt, Service of Process, Sanctions, Indemnity Costs, Mitigation
Source Language
en
Contempt of Court Civil Procedure Discovery Costs Civil Litigation Disclosure Orders Contempt Service of Process +3 more

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Parties

ANZ Commodity Trading Pty Ltd

Plaintiff

Cheuk Kwan Hung

Defendant (hcmp 489/2021)

Excellence Raise Overseas Limited

1st Defendant (hccl 4/2017)

Come Harvest Holdings Limited

2nd Defendant (hccl 4/2017)

Mega Wealth International Trading Limited

3rd Defendant (hccl 4/2017)

Wong Wai Kwok

4th Defendant (hccl 4/2017)

Ko Siu Mei Hamay

5th Defendant (hccl 4/2017)

Siu Chung Hang

6th Defendant (hccl 4/2017)

Zhuhai Hengqin De Feng International Trading Company Limited

7th Defendant (hccl 4/2017)

Procedural Posture

Contempt of Court Proceedings Arising From Disclosure (committal) in a Commercial Action / Penalty/costs Hearing After Finding of Contempt

Legal Issues

  1. 1 Whether the defendant intentionally disobeyed disclosure orders and evaded service
  2. 2 Appropriate penalty for contempt (custodial vs fine/financial)
  3. 3 Whether indemnity costs should be ordered and quantum

Ratio Decidendi

The defendant was found to have willfully and deliberately evaded service and disobeyed disclosure orders; however, having regard to her minor clerical role, family and financial circumstances and the four days custody already served, a custodial sentence was not warranted; instead the court imposed a financial sanction by ordering the defendant to pay HK$50,000 towards the plaintiff's costs into court within 21 days, with default imprisonment for 2 days, and discharged the bail conditions.

Court Disposition

Contempt established; financial penalty for costs imposed instead of further custody; bail discharged

Orders

  • Defendant to pay HK$50,000 towards plaintiff's costs into court within 21 days
  • In default of payment, defendant to be committed to prison for 2 days