Read the full judgment text of HCMP 436/2013 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 31 October 2014 before Hon Mimmie Chan J.
Contempt of court — committal proceedings — false evidence — application for leave — delay — arbitration agreement and award — breach of court order — public interest — legal principle for committal leave. The dispute concerns a contract between plaintiff and defendant for manufacture of games (Galaxion and Psilink) leading to litigation and arbitration. The plaintiff alleged false affirmations filed by defendant and its solicitors in 2004, and breach of a court order to appoint a Christian arbitrator. Applying KJM Superbikes Ltd v Hinton, the court emphasized the need for a strong case of knowingly false statements and considered delay principles in Taylor v Ribby Hall Leisure Ltd. The court found no conclusive proof of arbitration having taken place before 2009 or a final award by the named arbitrator in 2004. The breach of the 2004 order was known long before 2014 but action was not taken until nearly a decade later, constituting inordinate delay causing prejudice to defendant. The disputed falsehoods concern facts to be tried, insufficient for leave. The court refused leave to commence committal proceedings.
Legal issues: Leave to commence committal proceedings for contempt based on false evidence
Outcome: Plaintiff’s application for leave to commence committal proceedings refused
Cites 3 cases