22 Aug 1970
HONG KONG CANTON EXPORT CO LTD v. NG MAO YIP t/a YIP KEE HONG
- Citation
- HONG KONG CANTON EXPORT CO LTD v. NG MAO YIP t/a YIP KEE HONG
- Court
- Court of First Instance
- Case number
- HCA111/1968
The court held that a judgment debtor is entitled to make a second (or subsequent) application for discharge because O.49B r.6(1)'s phrase 'at any time' should be construed liberally where personal liberty is at stake and because unopposed applications trigger mandatory release under O.49B r.6(3)–(4); however such repeat applications may be an abuse if made without reasonable interval or may be defeated by res judicata where earlier adjudication on the same facts (eg fraud or unjustified extravagance) stands.