10 Aug 2012
ASTRO NUSANTARA INTERNATIONAL B.V. AND OTHERS v. PT AYUNDA PRIMA MITRA AND OTHERS
- Citation
- ASTRO NUSANTARA INTERNATIONAL B.V. AND OTHERS<br> v. PT AYUNDA PRIMA MITRA AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV71/2012
The court has jurisdiction to order a garnishee within Hong Kong to pay sums into court where the debt is properly recoverable in Hong Kong; whether to do so is a discretionary exercise to be used only in exceptional circumstances. On the evidence before the court the jurisdictional objection was not made out and the judge did not err in exercising his discretion to require payment into court to preserve the judgment creditor's rights pending resolution of related foreign and domestic setting-aside applications, because the order preserved the status quo, avoided risk of non‑payment and was n…