Read the full judgment text of FAMV 26/2007 on BabelCite. This FAMV judgment was delivered on 26 April 2007 before Le Pichon JA, Cheung JA, Sakhrani J.
Contempt of court – civil contempt – strict liability – mental element – intention – House of Lords – Irtelli v Squatriti – legal advice defence – mandatory order – restraining order – burden of proof – fresh evidence – Ladd v Marshall – leave to appeal to Court of Final Appeal – s.22(1)(b) Court of Final Appeal Ordinance – question of great general or public importance – leave refused – plaintiff law firm obtained orders against defendant – defendant failed to comply – contempt motion dismissed at first instance – Court of Appeal allowed appeal – defendant applied for leave to Court of Final Appeal – court considered three groups of questions – none raised questions of great general or public importance – fresh evidence not admissible – leave refused.
Legal issues: Mental element for civil contempt · Reliance on legal advice as defence and distinction between restraining and mandatory orders · Burden of proof in civil contempt
Outcome: Leave to appeal to the Court of Final Appeal refused.