SAM BOON PENG YEE AND ANOTHER v. TIONG KING SING

SAM BOON PENG YEE AND ANOTHER v. TIONG KING SING

Ex parte leave to issue committal proceedings was properly granted because at the leave (filtering) stage the court requires a prima facie case and is not deciding admissibility or conducting a mini‑trial; Cheng's solicitor affirmation was justified given the defendant's house arrest and interviews of witnesses and...

Source-derived case information.

Citation
SAM BOON PENG YEE AND ANOTHER v. TIONG KING SING
Parties
Plaintiff: Tiong King Sing; 1st Defendant: Sam Boon Peng Yee; 2nd Defendant: New Sunshine Investments Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 January 2015
Case Number
HCMP1404/2014
Procedural Posture
Committal (contempt) Application / Interlocutory – Application to Strike Out Affirmation and to Set Aside Ex Parte Leave; Substantive Committal Summons Adjourned
Outcome
HCA summons dismissed; ex parte leave upheld; HCMP committal summons adjourned sine die with liberty to restore
Legal Topics
Ex Parte Leave, Full and Frank Disclosure, Hearsay Evidence, Solicitor Affirmations, Strike Out, Order 52 (committal)
Source Language
en
Civil Procedure Contempt of Court Evidence Injunctions Ex Parte Leave Full and Frank Disclosure Hearsay Evidence Solicitor Affirmations +2 more

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Summary, issues, holding and outcome

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Parties

Tiong King Sing

Plaintiff

Sam Boon Peng Yee

1st Defendant

New Sunshine Investments Limited

2nd Defendant

Procedural Posture

Committal (contempt) Application / Interlocutory – Application to Strike Out Affirmation and to Set Aside Ex Parte Leave; Substantive Committal Summons Adjourned

Legal Issues

  1. 1 Whether a solicitor's affirmation can stand to support an ex parte application for leave to issue committal proceedings
  2. 2 Whether the statement discloses a reasonable cause of action for committal given allegations that others acted and not the alleged contemnor alone
  3. 3 Whether failure to disclose two solicitor letters constituted material non‑disclosure to set aside the ex parte leave

Ratio Decidendi

Ex parte leave to issue committal proceedings was properly granted because at the leave (filtering) stage the court requires a prima facie case and is not deciding admissibility or conducting a mini‑trial; Cheng's solicitor affirmation was justified given the defendant's house arrest and interviews of witnesses and was sufficient for the ex parte stage; the two solicitors' letters did not contain material information that would have defeated the prima facie case or rendered the application oppressive, so no material non‑disclosure arose and the strike out/set‑aside application failed.

Court Disposition

HCA summons dismissed; ex parte leave upheld; HCMP committal summons adjourned sine die with liberty to restore

Orders

  • HCA Summons dismissed with costs and certificate for two counsel
  • HCMP 1404/2014 committal summons adjourned sine die with liberty to restore