Read the full judgment text of HCMP 632/2012 on BabelCite. This High Court CFI judgment was delivered on 23 January 2020 before Hon Au-Yeung J.
Criminal law – reflective loss principle – discharge of undertakings – change of circumstances – misrepresentation of court orders – costs – Companies Ordinance (Cap 32) – Wah Nam Group Ltd v Roderick John Sutton [2018] HKCA 687 – L v C, FCMC 5952/2012 (unreported, 3 July 2015) – Mid Suffolk District Council v Clarke [2007] 1 WLR 980 – Share ownership dispute – Business Licence renewal – PRC litigation – Undertakings given in 2012 – 1st Defendant sought discharge of Undertakings due to Plaintiffs’ misconduct – Court held reflective loss principle barred reliefs relating to Company and subsidiary – Material change of circumstances found due to non-compliance with Lisa Wong J’s Order and revocation of Business Licence – Leave granted to withdraw Undertakings – Restraint granted on misrepresentation of subsisting injunction – Other reliefs dismissed – Costs order made
Legal issues: Reflective loss principle · Discharge of Undertakings · Misrepresentation of Court Orders · Costs
Outcome: Summons granted in part. Leave given to 1st Defendant to withdraw Undertakings. Restraint on 1st Plaintiff from misrepresenting subsisting injunction granted. Other reliefs dismissed.
Cites 4 cases