25 Nov 2004
KARAHA BODAS CO AND ANOTHER v. PERUSAHAAN PERTAMBANGAN MINYAK DAN GAS BUMI NEGARA
- Citation
- KARAHA BODAS CO AND ANOTHER v. PERUSAHAAN PERTAMBANGAN MINYAK DAN GAS BUMI NEGARA
- Court
- Court of First Instance
- Case number
- HCCT28/2002
There was no sufficient post-judgment change of circumstances to justify extending the Receivers' powers; the Receivers had asked the wrong question and the companies' replies were accurate and not evidence of deliberate obstruction. The shareholders' purported rescission of the dividend could not defeat KBC's equitable charge created by the garnishee order nisi, so Tugu, as garnishee, is liable to pay the dividend attributable to Pertamina to KBC (US$156,750). Leave to appeal out of time is granted and the appeal against discharge of the garnishee order is allowed.