26 Mar 1987
DAH SING BANK, LTD v. DAYLIGHT INDUSTRIAL CO LTD AND ANOTHER
- Citation
- DAH SING BANK, LTD v. DAYLIGHT INDUSTRIAL CO LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP2746/1986
The court held that the doctrine of relation back applies to a Charging Order Nisi so that the operative date for the charging order (and its registration for s.45 purposes) is the date of the Charging Order Nisi and its registration. Because the Charging Order Nisi was registered on 6 February prior to the bankruptcy notice of 19 February, the 1st Defendant's execution was completed before the act of bankruptcy and the 1st Defendant is entitled to the surplus.