Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discovery before receiving order
  • 31 Jul 1991

    RE MOHAN BHAGWANDAS MURJANI

    Citation
    RE MOHAN BHAGWANDAS MURJANI
    Court
    Court of First Instance
    Case number
    HCB808/1990

    The court held that material obtained under Order 49B and by discovery may, in the court's discretion, be used to prove a bankruptcy petition; the respondents satisfied the court that the prohibition order was within s21B and not improperly obtained; the Murjanis failed to establish a genuine, quantifiable cross-demand equal to or exceeding the judgment debt; accordingly the June motion and B.K. Murjani's application to set aside the bankruptcy notice were dismissed and the petition was allowed to proceed.