SUCCESS HOUSE INDUSTRIES LTD AND OTHERS v. LIAO CHEN TOH

SUCCESS HOUSE INDUSTRIES LTD AND OTHERS v. LIAO CHEN TOH

Where an alleged contemnor has submitted to the jurisdiction of the Hong Kong court in the original proceedings and the alleged contempt arises out of and is incidental to orders made in those proceedings, leave under Order 11 to serve out is not required; on the facts there was prima facie evidence of evasion of service and no material non-disclosure in the ex parte application; substituted service and dispensation of personal service were justified and the time for entering the originating summons under Order 52 was extended.

Citation
[2020] HKCFI 2272
Parties
Plaintiff (hca 2302/2014); Defendant (hcmp 1532/2019): Liao Chen Toh; 1st Defendant (original Action): Loyal International Enterprises Co. Ltd.; 2nd Defendant (original Action); 1st Plaintiff by Counterclaim; 1st Plaintiff (hcmp 1532/2019): Success House Industries Limited; 3rd Defendant (original Action); 2nd Plaintiff by Counterclaim; 2nd Plaintiff (hcmp 1532/2019): New Success House Industries Limited; 4th Defendant (original Action); 3rd Plaintiff by Counterclaim; 3rd Plaintiff (hcmp 1532/2019): Loyal Investment Limited; 2nd Defendant by Counterclaim: Silver State Enterprise Limited; 3rd Defendant by Counterclaim: Loyal International Trading Co. Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 September 2020
Case Number
HCMP1532/2019
Procedural Posture
Committal (contempt) Proceedings Ancillary to Underlying Commercial/share Litigation / Paper Determination of Summonses for Leave to Commence Committal and Applications for Substituted/dispensed Service; Interlocutory Stage
Outcome
LCT's summonses dismissed; Ps' summons for leave to issue and serve Notice of Hearing out of time granted; costs ordered in favour of Ps subject to specified adjustments and summary assessment
Legal Topics
Leave to Commence Committal, Service Out of Jurisdiction (order 11), Substituted Service and Dispensation of Personal Service, Duty of Full and Frank Disclosure in Ex Parte Applications, Extension of Time Under Order 52 Rule 3, Enforcement of Interlocutory Orders
Source Language
EN
Civil Procedure Contempt of Court Company/ Commercial Law Service of Process Leave to Commence Committal Service Out of Jurisdiction (order 11) Substituted Service and Dispensation of Personal Service Duty of Full and Frank Disclosure in Ex Parte Applications +2 more

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Parties

Liao Chen Toh

Plaintiff (hca 2302/2014); Defendant (hcmp 1532/2019)

Loyal International Enterprises Co. Ltd.

1st Defendant (original Action)

Success House Industries Limited

2nd Defendant (original Action); 1st Plaintiff by Counterclaim; 1st Plaintiff (hcmp 1532/2019)

New Success House Industries Limited

3rd Defendant (original Action); 2nd Plaintiff by Counterclaim; 2nd Plaintiff (hcmp 1532/2019)

Loyal Investment Limited

4th Defendant (original Action); 3rd Plaintiff by Counterclaim; 3rd Plaintiff (hcmp 1532/2019)

Silver State Enterprise Limited

2nd Defendant by Counterclaim

Loyal International Trading Co. Ltd.

3rd Defendant by Counterclaim

Procedural Posture

Committal (contempt) Proceedings Ancillary to Underlying Commercial/share Litigation / Paper Determination of Summonses for Leave to Commence Committal and Applications for Substituted/dispensed Service; Interlocutory Stage

Legal Issues

  1. 1 Whether leave under Order 11 is required to serve contempt proceedings out of jurisdiction where alleged contemnor previously submitted to jurisdiction and contempt is incidental to orders made in those proceedings
  2. 2 Whether applicant made full and frank disclosure in the ex parte application and whether there was material non-disclosure of law or fact
  3. 3 Whether dispensation of personal service and substituted service was justified on evidence of evasion of service

Ratio Decidendi

Where an alleged contemnor has submitted to the jurisdiction of the Hong Kong court in the original proceedings and the alleged contempt arises out of and is incidental to orders made in those proceedings, leave under Order 11 to serve out is not required; on the facts there was prima facie evidence of evasion of service and no material non-disclosure in the ex parte application; substituted service and dispensation of personal service were justified and the time for entering the originating summons under Order 52 was extended.

Court Disposition

LCT's summonses dismissed; Ps' summons for leave to issue and serve Notice of Hearing out of time granted; costs ordered in favour of Ps subject to specified adjustments and summary assessment

Orders

  • Dismiss Liao Chen Toh's summonses dated 3 December 2019
  • Grant leave to Success House Industries Ltd, New Success House Industries Ltd and Loyal Investment Ltd to issue and serve the Notice of Hearing out of time in HCMP 1532/2019