24 Aug 1983
LEE CHUEN t/a LEE CHUEN FURNITURE CO v. DUNWELL INVESTMENTS LTD
- Citation
- LEE CHUEN t/a LEE CHUEN FURNITURE CO v. DUNWELL INVESTMENTS LTD
- Court
- Court of First Instance
- Case number
- HCA6387/1983
The court held Attlee Investments Limited had no jurisdiction to obtain a stay preventing execution because execution by fieri facias is not a "pending action or proceeding" within s181 and Order 47 r1 confines application rights to parties liable to execution; alternatively, even if jurisdiction existed the court would refuse to exercise its discretion because of material non-disclosure on the ex parte application, the lateness of the application, doubts as to bona fides and unacceptable prejudice to the plaintiff.