3 Sept 2003
RAVINE LAL HIRANAND v. RAMCHAND GOPALDAS HIRANAND
- Citation
- RAVINE LAL HIRANAND v. RAMCHAND GOPALDAS HIRANAND
- Court
- Court of First Instance
- Case number
- HCSD37/2002
The applications were dismissed because the applicants failed to establish a genuine and serious counterclaim or set-off equal to the judgment debt; contemporaneous documents (solicitor correspondence and respondent's affirmation and payment of estate duty) materially contradicted the applicants' allegations; the alleged trust claim was too uncertain and should have been raised in the prior probate action such that issue estoppel and the applicants' failure of proof required refusal to set aside the statutory demands; residual discretion under rule 48(5)(d) was not engaged.