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

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

The court found no proper endorsement of penal notices on the orders but exercised its exceptional discretion under RHC O45 r7(7) to dispense retrospectively with personal service on Wei Xing, because there was cogent evidence that Wei Xing knew the orders, their terms and the consequences beyond reasonable doubt and knew particulars of alleged breaches; personal service on Hu Ying was not dispensed with because the court was not satisfied beyond reasonable doubt that she had requisite knowledge; Apple documents were admissible because their use was ancillary/incidental to the main action and the Trial Judge had effectively granted leave by earlier directions; on the merits the court...

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
12 October 2015
Case Number
HCMP2946/2014
Procedural Posture
Civil Committal Proceedings for Contempt Arising From HCA 797/2012 (breach of Injunction and Anton Piller Order) / Trial Judgment (determination of Liability; Sentencing to Be Fixed)
Outcome
Application for committal granted in part: Wei Xing (1st respondent) and Evolution Solution Limited (2nd respondent) found guilty of civil contempt for breaches of the Amended Injunction Order and the Anton Piller Order; proceedings dismissed as against Hu Ying (3rd respondent) for lack of dispensed service.
Legal Topics
Committal for Contempt, Sequestration Leave, Dispensation of Personal Service Under RHC O45 R7(6)/(7), Penal Notice Requirements, Implied and Express Undertakings on Discovery, Admissibility of Third Party Discovery Documents, Weight of Hearsay Evidence, Anton Piller Compliance and Disclosure Obligations
Source Language
EN
Civil Procedure Contempt of Court Injunctions Search and Seizure (anton Piller) Evidence Law Service of Process Discovery/confidentiality Undertakings Committal for Contempt +7 more

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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

Civil Committal Proceedings for Contempt Arising From HCA 797/2012 (breach of Injunction and Anton Piller Order) / Trial Judgment (determination of Liability; Sentencing to Be Fixed)

Legal Issues

  1. 1 Whether court may retrospectively dispense with personal service of orders under RHC O45 r7(6) or r7(7)
  2. 2 Whether penal notices were properly endorsed on the orders as required by O45 r7(4)
  3. 3 Whether Apple disclosure documents were admissible given implied and express confidentiality undertakings

Ratio Decidendi

The court found no proper endorsement of penal notices on the orders but exercised its exceptional discretion under RHC O45 r7(7) to dispense retrospectively with personal service on Wei Xing, because there was cogent evidence that Wei Xing knew the orders, their terms and the consequences beyond reasonable doubt and knew particulars of alleged breaches; personal service on Hu Ying was not dispensed with because the court was not satisfied beyond reasonable doubt that she had requisite knowledge; Apple documents were admissible because their use was ancillary/incidental to the main action and the Trial Judge had effectively granted leave by earlier directions; on the merits the court...

Court Disposition

Application for committal granted in part: Wei Xing (1st respondent) and Evolution Solution Limited (2nd respondent) found guilty of civil contempt for breaches of the Amended Injunction Order and the Anton Piller Order; proceedings dismissed as against Hu Ying (3rd respondent) for lack of dispensed service.

Orders

  • Retrospective leave granted under RHC O45 r7(7) to dispense with personal service of the Orders on Wei Xing
  • Findings of contempt recorded against Wei Xing and Evolution Solution Limited for breaches of the Amended Injunction Order and the Anton Piller Order