31 Mar 1989
ARMCO PACIFIC LTD v. JULIANO LIM
- Citation
- ARMCO PACIFIC LTD v. JULIANO LIM
- Court
- Court of First Instance
- Case number
- HCA2177/1988
In a sale pendente lite ordered by the Admiralty Court and executed by the Bailiff, the sale is not a private sale by the mortgagee and the special burden imposed on a mortgagee selling to a related company (per Tse Kwong Lam) does not apply; the defendant failed to adduce evidence that the Bailiff or Admiralty Court process was defective, that the sale was at a gross undervalue, or that the alleged oral agreement had credible support, therefore there was no real or bona fide defence and the appeal against the master's decision granting judgment was dismissed.