12 Jun 2002
AXA CHINA REGION INSURANCE CO. LTD. AND ANOTHER v. LI YU PING, ELLEN
- Citation
- AXA CHINA REGION INSURANCE CO. LTD. AND ANOTHER v. LI YU PING, ELLEN
- Court
- Court of Appeal
- Case number
- CACV217/2002
The Court held that although the 17 November 2000 variation order had not been personally served nor endorsed with a penal notice, the Court of Appeal (and the court below) properly exercised the unfettered discretion under Order 45 r7(7) to dispense retrospectively with personal service and the penal notice because the defendant had actual knowledge of the variation and suffered no prejudice; accordingly the committal for contempt and the two month concurrent custodial sentence were valid and were upheld.