Read the full judgment text of FCMP 237/2011 on BabelCite. This FCMP judgment was delivered on 5 April 2012 before Deputy District Judge G. Own.
Contempt of court – Committal order – Restraint Order – Service of order – Penal notice – Order 52 Rules of District Court – Standard of proof – Hearsay evidence – Taiwanese law – Leave set aside – Summons dismissed – The Plaintiff sought committal for breach of a Restraint Order restraining steps in Taiwan Civil Action – Court held service dispensed under Order 45 r 7(6) due to notice – Penal notice requirement fell away – Plaintiff's Statement defective for lack of reference to service – Leave set aside – Plaintiff failed to prove breach beyond reasonable doubt – Hearsay evidence insufficient – No expert evidence on Taiwanese law – Summons dismissed – No costs order except Plaintiff's own costs taxed
Legal issues: Service of Restraint Order and Penal Notice · Sufficiency of Plaintiff's Statement · Standard of Proof and Evidence
Outcome: Leave granted on 3 October 2011 set aside; Originating Summons dismissed.
Cited by 4 cases · Cites 1 case