Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Examination of judgment debtor (order 48)

Legal area

Court

16 Nov 2004

BLOOMSBURY INTERNATIONAL LTD v. NOUVELLE FOODS (HONG KONG) LTD

Citation

BLOOMSBURY INTERNATIONAL LTD v. NOUVELLE FOODS (HONG KONG) LTD
Court

Court of First Instance
Case number

HCCT109/2002

Order 48(1)(b) authorizes examination about the judgment debtor's existing rights of action and other means (including choses in action and contingent rights) as property capable of satisfying a judgment; however Order 48 cannot be used solely as a vehicle for pre-trial discovery to pursue personal claims against directors or third parties, and the master retains discretion to admit or refuse specific questions and to manage disputes under Rule 1(3).
14 Sept 1977

E.B.K. (HONG KONG) LTD v. YOSHIAKI HOSODA

Citation

E.B.K. (HONG KONG) LTD v. YOSHIAKI HOSODA
Court

Court of First Instance
Case number

HCA645/1977

Defendant ordered released conditionally because plaintiffs' delay and the filing of affidavits likely premature justified relief under the court's supervisory powers, but defendant failed to establish clearly that plaintiffs could not prove the matters in paragraph 3 of Order 49B rule 6; therefore release granted unless plaintiffs apply for a hearing date by 4 p.m. next day, in which event defendant remains detained until final decision or execution or further order; costs to be in cause with certificate for counsel.