12 Dec 2001
BERMUDA TRUST (HONG KONG) LTD. v. SHUM WING TAK, IVAN AND ANOTHER
- Citation
- BERMUDA TRUST (HONG KONG) LTD. v. SHUM WING TAK, IVAN AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA14421/1998
The court held that Order 49B applies to the order in question despite the payment being directed to a third party because the Rules do not require payment to be to the plaintiff, Order 49B rule 8a inclusively treats the party who sought and obtained the relief as a judgment creditor for enforcement purposes, Appendix A/Order 42(1) does not restrict the court from making such orders, and established practice permits enforcement of undertakings and orders to third parties; accordingly the defendants' application to challenge jurisdiction to order examination under Order 49B fails.