LUCKY SUN DEVELOPMENT LTD AND ANOTHER v. GAINSMATE INTERNATIONAL LTD AND OTHERS

LUCKY SUN DEVELOPMENT LTD AND ANOTHER v. GAINSMATE INTERNATIONAL LTD AND OTHERS

The court found on the evidence, including the covering letter, Ms Pan's receipt of documents, her conduct in ringing the director and forwarding papers to solicitors, and her demeanour under cross-examination, that she knew the terms of the injunction, the consequences of non-compliance and the grounds of the alleged breach beyond reasonable doubt; therefore Wright J's ex parte dispensation order was properly made and would not be set aside, though allegations that she aided and abetted the 3rd defendant were struck out.

Citation
LUCKY SUN DEVELOPMENT LTD AND ANOTHER v. GAINSMATE INTERNATIONAL LTD AND OTHERS
Parties
1st Plaintiff / Applicant: Lucky Sun Development Limited; 2nd Plaintiff / Applicant: Perfect Vision Management Limited; 1st Defendant: Gainsmate International Limited; 2nd Defendant: Full Mart Group Holdings Limited; 3rd Defendant: PEP Fund Asia-Pacific District Management Office (Hong Kong) Limited; Respondent / Company Secretary: Ms Pan Shu Hui
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 May 2007
Case Number
HCCT12/2007
Procedural Posture
Construction and Arbitration Proceedings; Interlocutory Application for Committal and Writ of Sequestration / Interlocutory (summons to Set Aside Ex Parte Dispensation and Leave to Apply for Committal)
Outcome
Summons to set aside Wright J's ex parte dispensation order dismissed except to the extent allowed; Wright J's ex parte dispensation order upheld; parts of the Notice of Motion alleging aiding and abetting struck out.
Legal Topics
Committal for Contempt, Dispensation of Service (o.45 R.7(7)), Ex Parte Relief, Writ of Sequestration, Freezing Orders, Duties and Liability of Company Secretary
Source Language
EN
Civil Procedure Company Law Injunctions Contempt of Court Service of Process Arbitration Committal for Contempt Dispensation of Service (o.45 R.7(7)) +4 more

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Parties

Lucky Sun Development Limited

1st Plaintiff / Applicant

Perfect Vision Management Limited

2nd Plaintiff / Applicant

Gainsmate International Limited

1st Defendant

Full Mart Group Holdings Limited

2nd Defendant

PEP Fund Asia-Pacific District Management Office (Hong Kong) Limited

3rd Defendant

Ms Pan Shu Hui

Respondent / Company Secretary

Procedural Posture

Construction and Arbitration Proceedings; Interlocutory Application for Committal and Writ of Sequestration / Interlocutory (summons to Set Aside Ex Parte Dispensation and Leave to Apply for Committal)

Legal Issues

  1. 1 Whether Wright J's ex parte order dispensing personal service and granting leave to apply for committal should be set aside
  2. 2 Whether the three requirements for dispensing service (knowledge of terms, awareness of consequences, awareness of grounds with sufficient particularity) were satisfied beyond reasonable doubt
  3. 3 Whether ex parte application for dispensation was justified to prevent nullification or injustice by delay

Ratio Decidendi

The court found on the evidence, including the covering letter, Ms Pan's receipt of documents, her conduct in ringing the director and forwarding papers to solicitors, and her demeanour under cross-examination, that she knew the terms of the injunction, the consequences of non-compliance and the grounds of the alleged breach beyond reasonable doubt; therefore Wright J's ex parte dispensation order was properly made and would not be set aside, though allegations that she aided and abetted the 3rd defendant were struck out.

Court Disposition

Summons to set aside Wright J's ex parte dispensation order dismissed except to the extent allowed; Wright J's ex parte dispensation order upheld; parts of the Notice of Motion alleging aiding and abetting struck out.

Orders

  • Wright J's ex parte order dispensing personal service of the Injunction Order and granting leave to apply for committal is not set aside
  • Allow paragraph 2 of Ms Pan's summons and strike out parts of the Notice of Motion dated 13 March 2007 alleging she aided and abetted the 3rd defendant in wilfully disobeying the Injunction Order