Hong Kong Case Law: Decisions & Judgments

Topic

Service of injunction

Legal area

Court

23 Mar 2015

SHUCHI SINGH v. ANAMIKA CHHAWAL AND ANOTHER

Citation

SHUCHI SINGH v. ANAMIKA CHHAWAL AND ANOTHER
Court

Court of First Instance
Case number

HCMP2410/2014

Court found both respondents in contempt. 1st respondent committed to 21 days imprisonment suspended for 24 months given purge, remorse, lack of prior record and risk to residency. 2nd respondent fined HKD 5,000 payable within 28 days, default 3 days' imprisonment, because his role was passive and misconduct was less culpable. Costs awarded on an indemnity basis but limited to 50% of applicant's legal costs and apportioned 70% to the 1st respondent and 30% to the 2nd respondent.
5 Jun 2001

WANG JIAN AND ANOTHER v. ZHANG TIAN FENG AND OTHERS

Citation

WANG JIAN AND ANOTHER v. ZHANG TIAN FENG AND OTHERS
Court

Court of First Instance
Case number

HCA607/2001

Because the Company Registry records indicated McBain was a director at the time of service it was proper for the plaintiffs to serve the injunction on him; the costs McBain incurred resulted from his failure to ensure registry records were updated (and from his prudent choice of course) and are not covered by the plaintiffs' undertakings; accordingly there is no basis to order the plaintiffs to pay his costs.
8 Aug 1969

EUGENE MAH YAU CHIM v. C. KING LEE AND OTHERS

Citation

EUGENE MAH YAU CHIM v. C. KING LEE AND OTHERS
Court

Court of Appeal
Case number

CACV16/1969

The court held that it would permit the appellants to raise additional grounds given the liberty interest, but it would not sustain committal of the first defendant on the first injunction because the order was ambiguous as to whether it bound goods allegedly sold prior to the injunction and it would be improper to allow retrospective dispensation of personal service to convert otherwise non‑criminal conduct into a contempt; on the second committal the failures were real but not of a severity warranting further imprisonment beyond the time already served (six days).

Hong Kong Case Law

SHUCHI SINGH v. ANAMIKA CHHAWAL AND ANOTHER

WANG JIAN AND ANOTHER v. ZHANG TIAN FENG AND OTHERS

EUGENE MAH YAU CHIM v. C. KING LEE AND OTHERS