Read the full judgment text of HCA 004157/1993 on BabelCite. This High Court CFI judgment was delivered on 16 September 1994 before Yam J.
Civil contempt – committal proceedings – sufficiency of particularity in Statement and Notice of Motion – breach of undertaking to court by posting allegedly defamatory posters and inducing owners not to pay management fees – incorporated owners of United Building – whether Statement and Notice of Motion complied with requirement to set out the alleged breaches within the four corners of the notice – requirement that contemnor be told what is alleged, by whom, and on how many counts – Chiltern DC v Keane [1985] 1 WLR 621 applied – Hamsworth v Hamsworth [1987] 1 WLR 1676 applied – affidavit cannot cure a defective Statement – setting aside ex parte leave to issue committal – whether O.52, r.2(5) precludes inter partes challenge to ex parte leave – held, O.52, r.2(5) provides a right of appeal only where leave is refused or granted on terms, and does not displace the general jurisdiction to set aside an ex parte order – defendants entitled to challenge the irregularly obtained leave by summons – whether to set aside leave or to permit amendment – held, leave and Statement set aside and Notice of Motion dismissed, with liberty to apply afresh – plaintiff failed to particularise defamatory words or manner of approach, dates, owners approached, or which defendant acted – plaintiff may apply again.
Legal issues: Sufficiency of particularity in committal Statement and Notice of Motion · Right to set aside ex parte leave to issue committal proceedings · Setting aside the leave rather than permitting amendment
Outcome: The leave granted to the plaintiff to issue committal proceedings against the 1st and 6th defendants was set aside; the Statement was set aside and the Notice of Motion was dismissed. The plaintiff is at liberty to apply again.
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