LEUNG KWOK FU AND OTHERS v. CHEN KONG MIAN AND OTHERS

LEUNG KWOK FU AND OTHERS v. CHEN KONG MIAN AND OTHERS

The court lawfully exercised its broad discretion under Rule 7 to dispense with personal service because the company and its officers already knew the terms and consequences of the order; therefore the summons to set aside the dispensation was dismissed and committal proceedings against the responsible officers may proceed.

Citation
LEUNG KWOK FU AND OTHERS v. CHEN KONG MIAN AND OTHERS
Parties
Applicants: Leung Kwok Fu and Leung Wai Chong; Fourth Respondent (the Company): Chun Ho Investment Company Limited; First to Third Respondents: First to Third Respondents (directors and manager of the company)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 November 1999
Case Number
HCMP3779/1999
Procedural Posture
Application for Committal for Contempt and Application to Dispense With Personal Service / Hearing on Summons to Set Aside Dispensation; Summons Dismissed; Committal Proceedings to Follow
Outcome
Summons to set aside dispensation dismissed; leave to apply for committal previously granted to applicants; order nisi for costs in favour of applicants.
Legal Topics
Committal for Contempt, Dispensation of Personal Service, Compliance With Court Orders, Directors' Duties, Building Management Ordinance (cap. 344)
Source Language
EN
Civil Procedure Contempt of Court Company Law Building Management Committal for Contempt Dispensation of Personal Service Compliance With Court Orders Directors' Duties +1 more

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Parties

Leung Kwok Fu and Leung Wai Chong

Applicants

Chun Ho Investment Company Limited

Fourth Respondent (the Company)

First to Third Respondents (directors and manager of the company)

First to Third Respondents

Procedural Posture

Application for Committal for Contempt and Application to Dispense With Personal Service / Hearing on Summons to Set Aside Dispensation; Summons Dismissed; Committal Proceedings to Follow

Legal Issues

  1. 1 Whether the court properly exercised its discretion to dispense with personal service under Rule 7
  2. 2 Whether officers of a company can be committed for contempt for failure to implement a court order against the company
  3. 3 Whether inability or infirmity of directors justifies setting aside dispensation of service

Ratio Decidendi

The court lawfully exercised its broad discretion under Rule 7 to dispense with personal service because the company and its officers already knew the terms and consequences of the order; therefore the summons to set aside the dispensation was dismissed and committal proceedings against the responsible officers may proceed.

Court Disposition

Summons to set aside dispensation dismissed; leave to apply for committal previously granted to applicants; order nisi for costs in favour of applicants.

Orders

  • Summons to set aside the order dispensing with personal service dismissed
  • Order nisi that the respondents pay the applicants' costs