龐征云及另一人 對 CHOW CHUN KIT（周俊傑）the personal representative of the estate of CHOW WING CHEUK（周榮灼）

龐征云及另一人 對 CHOW CHUN KIT（周俊傑）the personal representative of the estate of CHOW WING CHEUK（周榮灼）

The court found contempt established but not deliberate contumacy; the proper starting point was a custodial term (three months) given the quantum and nature of the disposal, but significant mitigating factors (mistake, disclosure by defendant, evidence that proceeds were used for estate liabilities, inability to retrieve some supporting documents due to circumstances beyond defendant's control) justified replacing imprisonment with a fine of HKD50,000 to be paid from the estate; costs awarded against the defendant with counsel's fees fixed at HKD110,000 and solicitor's fees at HKD120,000 to be paid from the estate.

Citation
[2019] HKCFI 62
Parties
First Plaintiff: Pang Zhengyun; Second Plaintiff (next Friend of Chow Po Yuen): Pang Zhengyun; Defendant; Personal Representative of the Estate of Chow Wing Cheuk: Chow Chun Kit
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2018
Case Number
HCMP2251/2016
Procedural Posture
High Court Miscellaneous Probate Proceeding; Committal for Contempt / Sentence Hearing (committal Sentencing)
Outcome
Contempt established; no imprisonment imposed; defendant sentenced to a fine of HKD50,000 payable from the estate; costs to be paid by the defendant from the estate with counsel fees fixed at HKD110,000 and solicitor fees fixed at HKD120,000.
Legal Topics
Committal for Contempt, Breach of Undertaking, Disclosure Obligations, Assessment of Costs, Payment From Estate
Source Language
CH
Contempt of Court Probate and Estate Administration Civil Procedure Costs Committal for Contempt Breach of Undertaking Disclosure Obligations Assessment of Costs +1 more

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Parties

Pang Zhengyun

First Plaintiff

Pang Zhengyun

Second Plaintiff (next Friend of Chow Po Yuen)

Chow Chun Kit

Defendant; Personal Representative of the Estate of Chow Wing Cheuk

Procedural Posture

High Court Miscellaneous Probate Proceeding; Committal for Contempt / Sentence Hearing (committal Sentencing)

Legal Issues

  1. 1 Whether the defendant committed contempt by breaching the 2012 undertaking by selling estate shares
  2. 2 Whether the breach was deliberate or technical/mistaken
  3. 3 Whether the sale proceeds remained in the estate or were applied in accordance with the 2013 undertaking

Ratio Decidendi

The court found contempt established but not deliberate contumacy; the proper starting point was a custodial term (three months) given the quantum and nature of the disposal, but significant mitigating factors (mistake, disclosure by defendant, evidence that proceeds were used for estate liabilities, inability to retrieve some supporting documents due to circumstances beyond defendant's control) justified replacing imprisonment with a fine of HKD50,000 to be paid from the estate; costs awarded against the defendant with counsel's fees fixed at HKD110,000 and solicitor's fees at HKD120,000 to be paid from the estate.

Court Disposition

Contempt established; no imprisonment imposed; defendant sentenced to a fine of HKD50,000 payable from the estate; costs to be paid by the defendant from the estate with counsel fees fixed at HKD110,000 and solicitor fees fixed at HKD120,000.

Orders

  • Finding of contempt for breach of the 2012 undertaking against the defendant
  • Sentence: fine of HKD50,000 to be paid by the estate (no custodial sentence imposed)