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

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

R1's non-compliance was deliberate and contumacious, unpurged and without credible legal advice or apology; R2 similarly failed to comply fully with disclosure obligations. In all circumstances a custodial sanction suspended to permit purge for R1 and a substantial fine for R2, together with indemnity costs against both, are appropriate; leave for sequestration against R1 is refused and against R2 is adjourned sine die subject to payment of the fine.

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
16 November 2015
Case Number
HCMP2946/2014
Procedural Posture
HCMP 2946/2014 Contempt Proceedings for Breach of Injunction and Anton Piller Order; Application for Leave to Issue Writs of Sequestration / Post Judgment Sentencing and Costs Determination (penalties Hearing)
Outcome
R1 committed to a suspended custodial sentence; R2 fined; indemnity costs awarded against R1 and R2; sequestration leave dismissed as to R1 and adjourned sine die as to R2; no order as to costs between applicant and R3.
Legal Topics
Committal, Anton Piller Order, Writ of Sequestration, Indemnity Costs, Discovery/non Party Disclosure
Source Language
EN
Civil Contempt Injunctions Civil Procedure Enforcement Costs Committal Anton Piller Order Writ of Sequestration +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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

HCMP 2946/2014 Contempt Proceedings for Breach of Injunction and Anton Piller Order; Application for Leave to Issue Writs of Sequestration / Post Judgment Sentencing and Costs Determination (penalties Hearing)

Legal Issues

  1. 1 Whether R1 and R2 were in contempt of the Amended Injunction Order and Anton Piller Order
  2. 2 Appropriate penalty for contempt of court (custodial sentence v fine)
  3. 3 Whether contempts can be purged and conditions for suspension

Ratio Decidendi

R1's non-compliance was deliberate and contumacious, unpurged and without credible legal advice or apology; R2 similarly failed to comply fully with disclosure obligations. In all circumstances a custodial sanction suspended to permit purge for R1 and a substantial fine for R2, together with indemnity costs against both, are appropriate; leave for sequestration against R1 is refused and against R2 is adjourned sine die subject to payment of the fine.

Court Disposition

R1 committed to a suspended custodial sentence; R2 fined; indemnity costs awarded against R1 and R2; sequestration leave dismissed as to R1 and adjourned sine die as to R2; no order as to costs between applicant and R3.

Orders

  • R1 sentenced to 28 days imprisonment suspended on condition he files an affirmation within 28 days purging his contempt
  • R1 to pay applicant's costs of and incidental to these proceedings, jointly and severally with R2, to be taxed if not agreed on indemnity basis, with certificate for counsel