AQUA-LEISURE INDUSTRIES, INC. AND ANOTHER v. AQUA SPLASH LTD.

AQUA-LEISURE INDUSTRIES, INC. AND ANOTHER v. AQUA SPLASH LTD.

The Statement in support of the leave application was defective for failing to comply with Order 52 rule 2 by not containing detailed particulars of the alleged breach; such defects could not be cured by the supporting affirmation/affidavit and therefore the leave previously granted must be set aside and the application for committal dismissed.

Citation
AQUA-LEISURE INDUSTRIES, INC. AND ANOTHER v. AQUA SPLASH LTD.
Parties
1st Plaintiff: AQUA-LEISURE INDUSTRIES, INC.; 2nd Plaintiff: GREYLAND TRADING LTD; Defendant: AQUA SPLASH LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 April 2001
Case Number
HCA18928/1998
Procedural Posture
Committal for Contempt / Application for Leave to Apply for Committal; Leave Set Aside and Application Dismissed
Outcome
Application for committal dismissed; leave to apply for committal set aside.
Legal Topics
Committal Proceedings, Leave to Apply for Committal, Particulars Required by Order 52, Costs
Source Language
EN
Civil Procedure Contempt of Court Enforcement Committal Proceedings Leave to Apply for Committal Particulars Required by Order 52 Costs

Case Brief

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Parties

AQUA-LEISURE INDUSTRIES, INC.

1st Plaintiff

GREYLAND TRADING LTD

2nd Plaintiff

AQUA SPLASH LIMITED

Defendant

Procedural Posture

Committal for Contempt / Application for Leave to Apply for Committal; Leave Set Aside and Application Dismissed

Legal Issues

  1. 1 Whether the Statement and Notice of Motion contained sufficient particulars as required by Order 52 rule 2
  2. 2 Whether defects in the Statement and Notice of Motion could be cured by the supporting affidavit/affirmation
  3. 3 Whether leave previously granted should be set aside

Ratio Decidendi

The Statement in support of the leave application was defective for failing to comply with Order 52 rule 2 by not containing detailed particulars of the alleged breach; such defects could not be cured by the supporting affirmation/affidavit and therefore the leave previously granted must be set aside and the application for committal dismissed.

Court Disposition

Application for committal dismissed; leave to apply for committal set aside.

Orders

  • Leave to apply for an order for committal set aside
  • Application dismissed