23 Mar 1988
RE MOUNT EVEREST INVESTMENTS LTD
- Citation
- RE MOUNT EVEREST INVESTMENTS LTD
- Court
- Court of Appeal
- Case number
- CACV22/1988
There was material non-disclosure and misstatement in the supporting affidavit; although the judge below found the failures were not deliberate, the court nevertheless must exercise its discretion and, in the circumstances, the appeal is allowed and the ex parte order appointing the Official Receiver as provisional liquidator is set aside because the petitioner obtained an advantage by a wrongly obtained ex parte order which the court will not permit to stand.