4 Apr 1989
BANK OF INDIA v. MURJANI INDUSTRIES (HK) LTD AND ANOTHER
- Citation
- BANK OF INDIA v. MURJANI INDUSTRIES (HK) LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1404/1989
The court applied the established Ninemia test (good arguable case plus a real risk of dissipation that would render judgment nugatory) to both domestic and foreign assets; it rejected a separate, higher legal threshold or categorical requirement of reprehensible conduct for worldwide Mareva relief. On the facts the plaintiff failed to establish sufficient evidence of disposable assets or an unfair/artificial risk of dissipation, and therefore the ex parte Mareva injunctions were discharged as to the surviving defendants.