TIMEKEEPING SYSTEMS INC v. STEPHEN JOHN OBERLANDER AND ANOTHER

TIMEKEEPING SYSTEMS INC v. STEPHEN JOHN OBERLANDER AND ANOTHER

The court found beyond reasonable doubt that the defendant disposed of the HK$162,000 proceeds from sale of his SPU shares with the intention of avoiding satisfaction of the judgment, but the court was not satisfied beyond reasonable doubt that he wilfully failed to make full disclosure; exercising its discretion...

Source-derived case information.

Citation
TIMEKEEPING SYSTEMS INC v. STEPHEN JOHN OBERLANDER AND ANOTHER
Parties
Plaintiff: Timekeeping Systems Inc; 1st Defendant: Stephen John Oberlander; 2nd Defendant: Security Products Universal Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 August 2009
Case Number
HCA612/2007
Procedural Posture
Enforcement of Foreign Judgment; Committal Proceedings Under Order 49 B / Post Judgment Examination and Application for Imprisonment (committal)
Outcome
Order made to imprison 1st Defendant Stephen John Oberlander for 14 days.
Legal Topics
Registration and Enforcement of Foreign Judgments, Examination of Judgment Debtor, Dissipation/disposal of Assets to Avoid Judgment, Disclosure Obligations, Standard of Proof (criminal Standard)
Source Language
en
Civil Procedure Enforcement of Judgments Contempt/committal Registration and Enforcement of Foreign Judgments Examination of Judgment Debtor Dissipation/disposal of Assets to Avoid Judgment Disclosure Obligations Standard of Proof (criminal Standard)

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Parties

Timekeeping Systems Inc

Plaintiff

Stephen John Oberlander

1st Defendant

Security Products Universal Limited

2nd Defendant

Procedural Posture

Enforcement of Foreign Judgment; Committal Proceedings Under Order 49 B / Post Judgment Examination and Application for Imprisonment (committal)

Legal Issues

  1. 1 Whether the defendant disposed of assets with a view to avoiding satisfaction of the judgment
  2. 2 Whether the defendant wilfully failed to make a full disclosure at examination
  3. 3 Whether the court should exercise discretion to order imprisonment and for what period

Ratio Decidendi

The court found beyond reasonable doubt that the defendant disposed of the HK$162,000 proceeds from sale of his SPU shares with the intention of avoiding satisfaction of the judgment, but the court was not satisfied beyond reasonable doubt that he wilfully failed to make full disclosure; exercising its discretion the court ordered imprisonment for 14 days.

Court Disposition

Order made to imprison 1st Defendant Stephen John Oberlander for 14 days.

Orders

  • Imprison 1st Defendant Stephen John Oberlander for 14 days
  • Costs to be heard