18 Jan 2019
陳玉屏 對 LIEW SHUK FUI
- Citation
- [2019] HKCA 81
- Court
- Court of Appeal
- Case number
- CACV132/2018
The judge below misinterpreted paragraph (3)(i) of the injunction by reading the second 'or' as 'and'; the correct construction is that each listed verb and each listed object are independently prohibited. On the evidence there was sufficient prima facie proof of breach by posting disturbing words, the clerical name error on the penal notice did not vitiate notice given the accompanying correspondence, and it was appropriate to exercise the court's discretion to allow the appellant to apply for a committal order and to amend the sealed judgment; accordingly the appeal was allowed.