11 Dec 1989
BANK OF INDIA v. MURJANI INDUSTRIES (HK) LTD. AND OTHERS
- Citation
- BANK OF INDIA v. MURJANI INDUSTRIES (HK) LTD. AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV85/1989
The defendants failed to discharge the threshold onus under Order 14 r 3: their averred oral moratorium was contradicted and undermined by contemporaneous written communications and their conduct (including requests for cash flows, failure to provide undertaking to keep interest current, later repudiatory memorandum and tactical litigation conduct), so there was no fair or reasonable probability of a real defence; summary judgments were therefore properly entered; judgment against Lawful (Holdings) Limited must be qualified to trustee-only liability and limited to trust assets with appropriat…