CWG v. MH AND OTHERS

CWG v. MH AND OTHERS

The court found the husband in contempt of the MPS Order and paragraph 1 of the Order; the contempt was wilful, contumacious and impeded the course of justice; applying Hadkinson principles the court ordered that the husband would not be heard on his stay application unless and until he complied with specified proportionate conditions to purge contempt (undertakings and payment of specified arrears and costs); the preliminary question as to R2's entitlement to be heard was adjourned for consideration of waiver of the disclosure order.

Citation
CWG v. MH AND OTHERS
Parties
Applicant: CWG; 1st Respondent: MH; 2nd Respondent: WH; 3rd Respondent: MVF LIMITED; 4th Respondent: WM; 5th Respondent: EH; 6th Respondent: LS LIMITED; 7th Respondent: BM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 2013
Case Number
HCMP643/2012
Procedural Posture
Miscellaneous Proceedings (stay Application) / Hearing (decision and Reasons Handed Down)
Outcome
Husband not to be heard on the stay application until specified conditions to purge contempt are met; preliminary issue as to R2 adjourned.
Legal Topics
Hadkinson Order, Stay of Execution, Maintenance/periodical Payments, Arrears, Judgment Summons Procedure, Costs, Offshore Enforcement
Source Language
EN
Family Law Contempt of Court Enforcement Appeal Disclosure Hadkinson Order Stay of Execution Maintenance/periodical Payments +4 more

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Parties

CWG

Applicant

MH

1st Respondent

WH

2nd Respondent

MVF LIMITED

3rd Respondent

WM

4th Respondent

EH

5th Respondent

LS LIMITED

6th Respondent

BM

7th Respondent

Procedural Posture

Miscellaneous Proceedings (stay Application) / Hearing (decision and Reasons Handed Down)

Legal Issues

  1. 1 Whether the husband was in contempt of the MPS Order and paragraph 1 of the Order
  2. 2 Whether the contempt impeded the course of justice
  3. 3 Whether R2 should be heard given alleged non-compliance with a disclosure order

Ratio Decidendi

The court found the husband in contempt of the MPS Order and paragraph 1 of the Order; the contempt was wilful, contumacious and impeded the course of justice; applying Hadkinson principles the court ordered that the husband would not be heard on his stay application unless and until he complied with specified proportionate conditions to purge contempt (undertakings and payment of specified arrears and costs); the preliminary question as to R2's entitlement to be heard was adjourned for consideration of waiver of the disclosure order.

Court Disposition

Husband not to be heard on the stay application until specified conditions to purge contempt are met; preliminary issue as to R2 adjourned.

Orders

  • Husband to undertake to continue to procure free accommodation for the wife and children at the Grand Panorama Flat until further order
  • Husband to undertake to comply with paragraph 1 of the Order (periodical payments) in timely fashion until further order