KIN MING HOLDINGS INTERNATIONAL LTD v. LIN MAN YUAN AND ANOTHER

KIN MING HOLDINGS INTERNATIONAL LTD v. LIN MAN YUAN AND ANOTHER

Although the court found LMY and Huang recklessly appointed agents by offering a large reward, the applicant failed to prove beyond reasonable doubt that the defendants failed to stop or instruct those agents to desist or that the agents remained agents after 28 October 2010; therefore the requirements for a finding of contempt were not met and the committal application must be dismissed.

Citation
KIN MING HOLDINGS INTERNATIONAL LTD v. LIN MAN YUAN AND ANOTHER
Parties
Plaintiff: Kin Ming; 1st Defendant: LMY; 2nd Defendant: Huang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 September 2012
Case Number
HCMP2460/2010
Procedural Posture
Committal for Contempt of Court / Substantive Hearing of Committal Application
Outcome
originating summons dismissed
Legal Topics
Undertaking to Court, Breach of Consent Order, Committal Proceedings, Agency, Harassment, Default Judgment
Source Language
EN
Civil Procedure Contempt of Court Contract Property Law Injunctions Undertaking to Court Breach of Consent Order Committal Proceedings +3 more

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Parties

Kin Ming

Plaintiff

LMY

1st Defendant

Huang

2nd Defendant

Procedural Posture

Committal for Contempt of Court / Substantive Hearing of Committal Application

Legal Issues

  1. 1 Whether defendants breached undertakings contained in consent order such that they are guilty of contempt of court
  2. 2 Whether defendants recklessly appointed agents and failed to instruct them to desist
  3. 3 Whether agents remained agents after expiry of powers of attorney and agency agreement

Ratio Decidendi

Although the court found LMY and Huang recklessly appointed agents by offering a large reward, the applicant failed to prove beyond reasonable doubt that the defendants failed to stop or instruct those agents to desist or that the agents remained agents after 28 October 2010; therefore the requirements for a finding of contempt were not met and the committal application must be dismissed.

Court Disposition

originating summons dismissed

Orders

  • Originating summons dismissed