Read the full judgment text of HCCT 12/2007 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 3 May 2007 before Deputy High Court Judge L. Chan.
Construction and Arbitration — Injunction Order — Company Secretary and Personal Service — Ex parte order for leave to apply for committal and dispensation of personal service — Whether requirements under O.45 r.7(7) satisfied beyond reasonable doubt — Whether ex parte order should be set aside — The plaintiffs obtained an Injunction Order restraining the defendants from dealing with shares and assets pending arbitration and requiring release of shares used as security. Attempts at personal service on Ms Pan, the company secretary of the 3rd defendant, were evaded, leading to an ex parte order dispensing personal service and granting leave to apply for committal for contempt. Ms Pan sought to set aside the ex parte order on grounds of lack of knowledge. The court applied the three-fold test for dispensing personal service requiring knowledge of order terms, consequences, and grounds of breach, all beyond reasonable doubt. Considering Ms Pan's education, conduct, receipt of documents, and communications with solicitors, the court found she understood the order and consequences, and had awareness of breach grounds. The court also found the ex parte nature justified due to evasion and likely injustice from delay if inter partes application was required. The court refused to set aside the ex parte order but struck out uncontroverted allegations of aiding and abetting. Ms Pan was found to have taken all feasible steps to comply despite limited authority. The decision provides guidance on the strict requirements for dispensation of personal service of injunctive orders and the cautious approach to ex parte orders. The ex parte order remains in force, with parts of the contempt allegations against Ms Pan removed, and the matter proceeds accordingly.
Legal issues: Dispensation of personal service under O.45 r.7(7) · Whether to set aside ex parte order granting leave for committal and dispensing personal service
Outcome: The ex parte order of Wright J granting leave to apply for committal and dispensing personal service of the Injunction Order on Ms Pan is upheld; parts of the Notice of Motion alleging aiding and abetting disobedience are struck out; Ms Pan is found to have done all she could to comply with the Injunction Order.
Cited by 2 cases · Cites 3 cases