23 Dec 2005
KAO, LEE & YIP (a firm) v. DONALD KOO HOI-YAN AND OTHERS
- Citation
- KAO, LEE & YIP (a firm) v. DONALD KOO HOI-YAN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA8847/1993
The application for committal is dismissed because KLY failed to prove beyond reasonable doubt the necessary actus reus and mens rea for contempt: Mayo J's order did not strictly require time sheets or special records and the absence of some files did not establish substantial non-compliance; Mr Koo's reliance on reasonable professional advice and his subsequent 16th and 17th affirmations (and expert affirmations) amounted to substantive verification under Ma J's September 2003 order, so any earlier literal non-compliance lacked the requisite deliberate mens rea.