Read the full judgment text of CACV 000576/2000 on BabelCite. This Court of Appeal judgment was delivered on 18 October 2000 before Rogers VP, Wong JA.
Civil procedure – contempt of court – committal proceedings – Order 52 of the Rules of the High Court – interlocutory appeal – Mareva injunction with ancillary Disclosure Order – whether the notice of motion sufficiently identifies the charge against the alleged contemnor – distinction between aiding and abetting a breach of an injunction and liability of a director under Order 45 – whether the notice of motion must be amended – oral evidence by alleged contemnors – Cartier v Kaybee [1985] HKLR 127 – appeal allowed in part – notice of motion to be amended
Legal issues: Sufficiency of the notice of motion in committal proceedings · Right of alleged contemnors to give oral evidence
Outcome: Appeal allowed in part; the notice of motion must be amended to clarify the basis of the alleged contempt against the 2nd contemnor and the precise complaints against the alleged contemnors, with the parties to be heard as to consequential orders.