Cathay Pacific Airways Ltd and Another v Lin and Another (260/2016) [2017] ZASCA 35; [2017] 2 All SA 722 (SCA) (29 March 2017)

Cathay Pacific Airways Ltd and Another v Lin and Another (260/2016) [2017] ZASCA 35; [2017] 2 All SA 722 (SCA) (29 March 2017)

The Supreme Court of Appeal held that the convictions for civil contempt of court against Cathay Pacific Airways Ltd and Ms Shirley Jones were legally untenable. The first telephonic order was never reduced to writing or properly communicated to Cathay Pacific, and the subsequent written orders were sent to incorrect email addresses, resulting in lack of knowledge by the appellants. The requirements for contempt—service, knowledge, and wilfulness—were not proved beyond reasonable doubt. Furthermore, the High Court lacked jurisdiction to order a foreign company to perform acts in Hong Kong, and Ms Jones was not cited as a party to the proceedings. The punitive costs order in the...

Citation
[2017] ZASCA 35
Parties
Appellant: Cathay Pacific Airways Ltd; Appellant: Shirley Jones; Respondent: Hai Lin; Respondent: Ruihong Weng
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 March 2017
Case Number
260/2016
Procedural Posture
Civil Appeal / Appeal From Gauteng Local Division, High Court, Johannesburg
Outcome
Appeal upheld; contempt convictions and sentences set aside; counterapplication dismissed with costs.
Judges
Maya, Majiedt, Van der Merwe, Molemela, Gorven
Legal Topics
Civil Contempt of Court, Service of Process, Urgent Application, Jurisdiction, Best Interests of Child
Civil Procedure Administrative Law Civil Contempt of Court Service of Process Urgent Application Jurisdiction Best Interests of Child

Case Brief

Summary, issues, holding and outcome

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Parties

Cathay Pacific Airways Ltd

Appellant

Shirley Jones

Appellant

Hai Lin

Respondent

Ruihong Weng

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Local Division, High Court, Johannesburg

Legal Issues

  1. 1 Whether a telephonic court order is effective and enforceable without written recordal and proper service.
  2. 2 Whether the appellants had knowledge of and were properly cited in the proceedings and orders.
  3. 3 Whether employees of a company can be held in contempt for orders made against their employer when not cited as parties.

Ratio Decidendi

The Supreme Court of Appeal held that the convictions for civil contempt of court against Cathay Pacific Airways Ltd and Ms Shirley Jones were legally untenable. The first telephonic order was never reduced to writing or properly communicated to Cathay Pacific, and the subsequent written orders were sent to incorrect email addresses, resulting in lack of knowledge by the appellants. The requirements for contempt—service, knowledge, and wilfulness—were not proved beyond reasonable doubt. Furthermore, the High Court lacked jurisdiction to order a foreign company to perform acts in Hong Kong, and Ms Jones was not cited as a party to the proceedings. The punitive costs order in the...

Court Disposition

Appeal upheld; contempt convictions and sentences set aside; counterapplication dismissed with costs.

Orders

  • The appeal against the convictions of civil contempt of court is upheld with costs, including the costs of two counsel.
  • The orders granted by Spilg J on 11 November 2014 and 14 October 2015 holding the appellants in contempt of court and imposing sentence are set aside and replaced with an order dismissing the contempt application and directing the applicants to pay the third respondent's costs.