PACIFIC DUNLOP GARMENTS LTD v. FUNDAMENTAL GLOBAL LTD AND OTHERS

HCA 1655/2008

[2024] HKCFI 1019

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1655 OF 2008

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DECISION

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1.  Mr Chang SC has fairly accepted that the only link between Chan and Lee with the alleged contemptuous action is their directorship of the 1^st to 3^rd Defendants. There is no evidence, or any basis for the Applicant to assert presently, that Chan and Lee indeed remained the directors of the 1^st to 3^rd Defendants as of 23 July 2021.

2.  The situation is highly unsatisfactory in light of :

(1)  This Court’s directions for a hearing of this leave application with the preparation of various documents to identify the alleged act of contempt on the part of Chan and Lee;

(2)  The said directions were given as long ago as 16 December 2022;

(3)  This is plainly a serious matter which may lead to the imprisonment of Chan and Lee;

(4)  Given the lack of information whether Chan and Lee remained directors of the 1^st to 3^rd Defendants at the material time, an adjournment of this application may be fruitless.

3.  In these circumstances, I decline the Applicant’s application to adjourn this hearing. The leave application is dismissed with no order as to costs.