PANG ZHENGYUN AND ANOTHER v. CHOW CHUN KIT the personal representative of the estate of CHOW WING CHEUK

PANG ZHENGYUN AND ANOTHER v. CHOW CHUN KIT the personal representative of the estate of CHOW WING CHEUK

The court held that the phrase 'dispose of the Estate' in the 2012 undertaking plainly included selling assets; the defendant sold the subject shares during the prohibited period, and having acted intentionally and voluntarily the defendant's sale constituted a breach proved beyond reasonable doubt, amounting to contempt of court.

Citation
PANG ZHENGYUN AND ANOTHER v. CHOW CHUN KIT the personal representative of the estate of CHOW WING CHEUK
Parties
1st Plaintiff: Madam Pang; 2nd Plaintiff: Chow Po Yuen; Defendant: Mr Chow
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 September 2017
Case Number
HCMP2251/2016
Procedural Posture
Committal for Contempt Arising From Inheritance/probate Proceedings / Liability Determined; Sentence Adjourned Pending Separate Hearing
Outcome
Defendant found guilty of contempt of court for breaching the 2012 undertaking; sentencing adjourned
Legal Topics
Breach of Undertaking, Committal, Administration of Estate, Disposal of Assets, Construction of Court Undertakings
Source Language
EN
Contempt of Court Inheritance Law Probate Civil Procedure Breach of Undertaking Committal Administration of Estate Disposal of Assets +1 more

Case Brief

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Parties

Madam Pang

1st Plaintiff

Chow Po Yuen

2nd Plaintiff

Mr Chow

Defendant

Procedural Posture

Committal for Contempt Arising From Inheritance/probate Proceedings / Liability Determined; Sentence Adjourned Pending Separate Hearing

Legal Issues

  1. 1 Whether the phrase 'dispose of the Estate' in the 2012 undertaking includes sale of assets
  2. 2 Whether sale of the subject shares by the defendant breached the 2012 undertaking
  3. 3 Whether the defendant had the requisite state of mind to constitute civil contempt

Ratio Decidendi

The court held that the phrase 'dispose of the Estate' in the 2012 undertaking plainly included selling assets; the defendant sold the subject shares during the prohibited period, and having acted intentionally and voluntarily the defendant's sale constituted a breach proved beyond reasonable doubt, amounting to contempt of court.

Court Disposition

Defendant found guilty of contempt of court for breaching the 2012 undertaking; sentencing adjourned

Orders

  • Adjourned for sentence to a date to be fixed with one hour reserved for sentence
  • Costs reserved to the date fixed for sentence