17 May 2010
The summons was dismissed because the validation order did not oblige the Petitioner to sign cheques for particular payments and the 1st Respondent had not sought or proven the necessary basis for a mandatory injunction; the correct procedure is a particularised application showing a breach of fiduciary duty if necessary.
7 Jul 2009
The statutory demand was set aside because the applicant demonstrated a substantive counterclaim that exceeded the debt in the demand invoking r48(5)(a); the out of time application was excused because the substantive ground was valid and the respondent suffered no prejudice; the respondent was entitled to pursue the costs order as she had funded the proceedings and other defendants waived benefit.
15 Jun 2006
By majority the Court concluded the trust receipts and cargo receipts created an equitable charge/registrable security that did not fall within the statutory exception under the Bills of Sale Ordinance and therefore, being unregistered as a bill of sale, the charge was void; the bank also failed to prove that the debited sums were the traceable proceeds of the charged goods, so the debits constituted dispositions void under Companies Ordinance s182; appeal dismissed and order nisi for costs to the company.