5 Oct 2012
INTERNATIONAL ASSOCIATED ATTORNEYS LTD v. EUROSTOCK ENERGY LTD
- Citation
- INTERNATIONAL ASSOCIATED ATTORNEYS LTD v. EUROSTOCK ENERGY LTD
- Court
- Court of First Instance
- Case number
- HCA180/2012
An unsecured judgment creditor does not have priority over funds subject to a restraint order under the MLAO; although the court has jurisdiction to vary a restraint order pre‑conviction, it must scrutinize the bona fides of the claimed debt and guard against collusion or abuse. On the facts there were substantial doubts about the bona fides of the judgment and a real risk of frustrating the restraint and the MLAO scheme; accordingly the court refused to release the restrained funds and discharged the garnishee order nisi.