Read the full judgment text of CACV 439/2019 on BabelCite. This Court of Appeal judgment was delivered on 8 June 2020 before Hon Kwan VP, Cheung and Yuen JJA.
Contempt of Court – Committal – Judgment Debtor – Means to Pay – Double Jeopardy – Affidavit Evidence – Sentencing – Former husband and wife – Husband failed to pay judgment debt despite 2015 Order – Whether wife had basis for committal despite double jeopardy rule – Whether Judge erred in assessing means to pay at hearing date – Whether evidence sufficient – Wife had basis as 2015 Order imposed new timeframe – Relevant time for means test is since order – Evidence sufficient – Affirmation not properly deployed – Appeal allowed, 3 months imprisonment
Legal issues: Basis to commit and double jeopardy · Means to pay and relevant timeframe · Sufficiency of evidence and affidavit evidence
Outcome: Appeal allowed. Husband committed to prison for three months.
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