SAIF PARTNERS II L.P. AND ANOTHER v. JOE ZHIXIONG ZHOU

SAIF PARTNERS II L.P. AND ANOTHER v. JOE ZHIXIONG ZHOU

Both summonses were dismissed because SAIF GP had locus to enforce the June 2018 Order, there was no material non-disclosure affecting the grant of leave, the material established a distinctly arguable prima facie case of contempt, and it was just to dispense with personal service and a penal notice given Zhou's active participation in proceedings, representation by experienced counsel and clear awareness of the order and consequences; Zhou had also submitted to the Hong Kong court's jurisdiction making substituted service appropriate.

Citation
[2020] HKCFI 2423
Parties
Plaintiff in HCCL 16/2016 and Defendant in HCMP 208/2020: Joe Zhixiong Zhou; 1st Defendant in HCCL 16/2016 and 1st Plaintiff in HCMP 208/2020: SAIF Partners II L.P.; 2nd Defendant in HCCL 16/2016 and 2nd Plaintiff in HCMP 208/2020: SAIF II GP Capital Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2020
Case Number
HCMP208/2020
Procedural Posture
Commercial Action and Committal Applications (interlocutory) / Applications to Set Aside Leave to Commence Committal and to Set Aside Dispensation/substituted Service (interlocutory)
Outcome
Both summonses dismissed
Legal Topics
Leave to Commence Committal, Dispensation of Personal Service, Penal Notice, Material Non Disclosure, Locus to Sue/enforce Order, Abuse of Process, Accounting for Profits, Service Out of Jurisdiction
Source Language
EN
Civil Procedure Contempt of Court Private International Law Partnership Law Enforcement of Judgments Leave to Commence Committal Dispensation of Personal Service Penal Notice +5 more

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Parties

Joe Zhixiong Zhou

Plaintiff in HCCL 16/2016 and Defendant in HCMP 208/2020

SAIF Partners II L.P.

1st Defendant in HCCL 16/2016 and 1st Plaintiff in HCMP 208/2020

SAIF II GP Capital Limited

2nd Defendant in HCCL 16/2016 and 2nd Plaintiff in HCMP 208/2020

Procedural Posture

Commercial Action and Committal Applications (interlocutory) / Applications to Set Aside Leave to Commence Committal and to Set Aside Dispensation/substituted Service (interlocutory)

Legal Issues

  1. 1 Whether SAIF GP has locus to bring contempt proceedings
  2. 2 Whether there was material non-disclosure vitiating leave
  3. 3 Whether the O.52 r.2 statement established a prima facie case

Ratio Decidendi

Both summonses were dismissed because SAIF GP had locus to enforce the June 2018 Order, there was no material non-disclosure affecting the grant of leave, the material established a distinctly arguable prima facie case of contempt, and it was just to dispense with personal service and a penal notice given Zhou's active participation in proceedings, representation by experienced counsel and clear awareness of the order and consequences; Zhou had also submitted to the Hong Kong court's jurisdiction making substituted service appropriate.

Court Disposition

Both summonses dismissed

Orders

  • HCCL 16/2016 Summons filed 7 May 2020 dismissed
  • HCMP 208/2020 Summons filed 22 June 2020 dismissed