Read the full judgment text of FCMC 15040/2012 on BabelCite. This Family Court judgment was delivered on 9 June 2014 before Deputy District Judge S.G. Chan.
Matrimonial causes – Committal proceedings – Penal notice – Service of order – Solicitors – Contempt – Whether penal notice can be added post-sealing – Whether personal service required for discovery orders – Application to set aside leave dismissed – Costs in cause – The Court considered whether a penal notice could be added to an order after sealing and whether service on solicitors was sufficient for discovery orders. The Court held that the Petitioner was entitled to add the penal notice as there was no evidence of prejudice and the issue was already considered when Leave was granted. The Court further held that service on the Respondent's solicitors was sufficient notice under Order 24 rule 16(3) and Order 26 rule 6(3) of RDC as the solicitors had explained the Order and penal notice to the Respondent. The Respondent's application to set aside the leave to issue committal proceedings was dismissed. Costs were ordered to be in the cause of the committal proceedings proper, with certificate for Counsel.
Legal issues: Penal Notice Addition · Service on Solicitors
Outcome: Respondent’s application to set aside the leave granted to the Petitioner on 29 October 2013 to issue committal proceedings against the Respondent by way of summons taken out on 31 December 2013 is dismissed.