KOT SEE FOR v. CHAN LEONG HANG

KOT SEE FOR v. CHAN LEONG HANG

The defendant wilfully and contumaciously breached the Disclosure Order, had notice and ample opportunity to comply, did not purge the contempt, and caused or risked irremediable prejudice to the plaintiff; immediate custodial sentence of six months was therefore warranted, but suspended for 14 days to give a final opportunity to purge; costs awarded to the plaintiff on an indemnity basis and summarily assessed.

Citation
[2021] HKCFI 1305
Parties
Plaintiff: Plaintiff; Defendant (in Person): Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 May 2021
Case Number
HCMP2323/2020
Procedural Posture
Contempt of Court (ancillary to Proprietary/mareva Injunction) / Sentencing (reasons for Sentence Delivered)
Outcome
Contempt established; defendant committed to custody for six months, sentence suspended for 14 days to allow final opportunity to purge the contempt; costs awarded to plaintiff on an indemnity basis.
Legal Topics
Disclosure Orders, Mareva Injunction, Committal for Contempt, Costs (indemnity Basis), Suspended Sentence to Secure Compliance
Source Language
EN
Civil Contempt Injunctions Civil Procedure Disclosure Orders Mareva Injunction Committal for Contempt Costs (indemnity Basis) Suspended Sentence to Secure Compliance

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Parties

Plaintiff

Plaintiff

Defendant

Defendant (in Person)

Procedural Posture

Contempt of Court (ancillary to Proprietary/mareva Injunction) / Sentencing (reasons for Sentence Delivered)

Legal Issues

  1. 1 Whether the defendant was in contempt for failing to comply with the Disclosure Order
  2. 2 Whether the contempt was wilful and unpurged
  3. 3 Appropriate sanction and length of custodial sentence for breach of an injunction and disclosure order

Ratio Decidendi

The defendant wilfully and contumaciously breached the Disclosure Order, had notice and ample opportunity to comply, did not purge the contempt, and caused or risked irremediable prejudice to the plaintiff; immediate custodial sentence of six months was therefore warranted, but suspended for 14 days to give a final opportunity to purge; costs awarded to the plaintiff on an indemnity basis and summarily assessed.

Court Disposition

Contempt established; defendant committed to custody for six months, sentence suspended for 14 days to allow final opportunity to purge the contempt; costs awarded to plaintiff on an indemnity basis.

Orders

  • Defendant committed to imprisonment for 6 months, suspended for 14 days to allow compliance with the Disclosure Order
  • If the defendant persists in non-compliance the plaintiff may apply for an order that the defendant be taken into immediate custody