DARYL MARK O\'SHAUGHNESSY v. DAVID WILLIAM GUNSON AND ANOTHER

DARYL MARK O\'SHAUGHNESSY v. DAVID WILLIAM GUNSON AND ANOTHER

The application to discharge the Prohibition Order was dismissed because, having regard to the defendant's history of unfulfilled promises, police bail status and prima facie breach of undertaking, there was a real risk of evasion which justified continuation of the Prohibition Order; the defendant's personal reason to leave Hong Kong did not outweigh that risk.

Citation
DARYL MARK O\'SHAUGHNESSY v. DAVID WILLIAM GUNSON AND ANOTHER
Parties
Plaintiff: Daryl Mark O'Shaughnessy; 1st Defendant: David William Gunson; 2nd Defendant: Pacific Superannuation Fund Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 March 2000
Case Number
HCA9218/1999
Procedural Posture
Civil Fiduciary Breach and Conversion / Interlocutory (chambers) Application to Discharge Prohibition Order; Committal Leave Granted
Outcome
1st Defendant's application to discharge the Prohibition Order dismissed; Prohibition Order remains in force.
Legal Topics
Prohibition Order, Committal for Contempt, Undertakings to Court, Forum Non Conveniens, Risk of Evasion
Source Language
EN
Civil Procedure Equity Trusts Contempt of Court Prohibition Order Committal for Contempt Undertakings to Court Forum Non Conveniens +1 more

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Parties

Daryl Mark O'Shaughnessy

Plaintiff

David William Gunson

1st Defendant

Pacific Superannuation Fund Limited

2nd Defendant

Procedural Posture

Civil Fiduciary Breach and Conversion / Interlocutory (chambers) Application to Discharge Prohibition Order; Committal Leave Granted

Legal Issues

  1. 1 Whether the Prohibition Order should be discharged
  2. 2 Whether there is a real risk the defendant will evade proceedings or judgment
  3. 3 Whether the defendant's personal reason to leave Hong Kong justifies discharge

Ratio Decidendi

The application to discharge the Prohibition Order was dismissed because, having regard to the defendant's history of unfulfilled promises, police bail status and prima facie breach of undertaking, there was a real risk of evasion which justified continuation of the Prohibition Order; the defendant's personal reason to leave Hong Kong did not outweigh that risk.

Court Disposition

1st Defendant's application to discharge the Prohibition Order dismissed; Prohibition Order remains in force.

Orders

  • 1st Defendant's application to discharge the Prohibition Order dismissed.
  • No order made in relation to paragraph 2 of the 1st Defendant's summons.