16 Oct 1985
FEDERAL ENTERPRISES CO LTD v. THE OFFICIAL RECEIVER
- Citation
- FEDERAL ENTERPRISES CO LTD v. THE OFFICIAL RECEIVER
- Court
- Court of Appeal
- Case number
- CACV125/1985
The Court must not exercise jurisdiction under s.265(5B) until after assets have been recovered or preserved so that the actual risk can be assessed; although the contributions here amounted to an indemnity fund, the risk run was minimal and on the facts the discretion to refuse preferential distribution was properly exercised; the ex parte order of 5 June was without jurisdiction.