16 Aug 1979
LIN FUNG TRADING CO v. HANADE WAFU
- Citation
- LIN FUNG TRADING CO v. HANADE WAFU
- Court
- Court of Appeal
- Case number
- CACV46/1979
The court held that the second order was not made under Order 44A but constituted an undertaking obtainable under the court's general jurisdiction; accordingly the judge had power to discharge it. However the judge misapplied his discretion by relying on unsupported assertions about enforceability in Japan and changed tracing prospects and by overweighting an anticipated long delay that proved incorrect; accordingly the third order was wrongly made and must be revoked, restoring the second order.