24 Feb 2001
HUA CHIAO COMMERCIAL BANK LTD. v. ALPHA PLUS INTERNATIONAL DEVELOPMENT LTD.
- Citation
- HUA CHIAO COMMERCIAL BANK LTD. v. ALPHA PLUS INTERNATIONAL DEVELOPMENT LTD.
- Court
- Court of First Instance
- Case number
- HCA14714/1999
The court held that the identified accounts receivable were not "means" currently available to the judgment debtor for satisfaction of the judgment; therefore the court could not be satisfied under Order 49B r.1B(1)(a) that the judgment debtor is able to satisfy the judgment and the applications to order payment and to commit the director under Order 49B r.1B(3) failed. Committal requires a prior compliance order under r.1B(2) and proof of misconduct on the criminal standard; application of committal to a director of a company is conceptually constrained by corporate personality.