We acted for the Defendant (“the Mother”) who obtained a Hadkinson Order to the effect that the appeal lodged by the Plaintiff (“the Father”) be stayed until the Father complies with two prior orders made in the Family Court in relation to financial provision for the child (“the Prior Orders”).
What is a Hadkinson Order?
A Hadkinson Order is an order by which a court may in its discretion refuse to hear a party to a cause, who has disobeyed an order of the court until that party has purged his/her contempt.
Legal Principles
The Court adopted the following formulation of the conditions for a Hadkinson Order:
(1) the respondent to the application is in contempt;
(2) the contempt is deliberate and continuing;
(3) as a result, there is an impediment to the course of justice;
(4) there is no other realistic and effective remedy; and
(5) the order is proportionate to the problem and goes no further than necessary to remedy it.
Court’s Decision
Applying the principles, the Court held that the Father was in contempt by breaching the Prior Orders and the contempt was deliberate and continuing. The Father’s breach impeded the course of justice and obstructed the exercise of the Court’s power over the child who was a ward of the Court. In addition, the Mother had no other effective means to secure compliance except to rely on a Hadkinson Order.
The Court ordered that unless the Father has complied with the Prior Orders and paid the outstanding sums, the Father’s Notice of Appeal and Summons to adduce fresh evidence for the appeal shall not be heard. These conditions were proportionate and no stronger than what is needed to remove the impediment to justice.
This article is co-authored by our experienced SW Private Team –Partners Catherine Por, Wendy Lam, and Senior Associate Karl Wong. Please contact Catherine Por, Wendy Lam or Karl Wong for any further enquiries or information.
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