|
Attachment before judgment requires good cause, intent to defeat or delay, and evidence of disposition or evasion.
Civil procedure — Order 8 (attachment/committal before judgment) — application requirements: writ issued; good cause of action; intention to defeat or delay claim or execution; disposition/evasion of property — anticipatory breach allows immediate suit — procedural safeguards for ex parte orders (short inter partes hearing, specify amount, undertakings).
|
19 May 2000 |
|
Interim injunction refused; disputed directorship/resignation and balance of justice required maintaining status quo pending trial.
Interim injunctions — ex parte relief and urgency; American Cynamid principles — triable issue, adequacy of damages, undertaking as to damages, balance of justice; mandatory interlocutory injunction — high threshold; company law — effectiveness of resignation, group chairmanship vs directorship, oppressive/unfair prejudice under Companies Act.
|
10 May 2000 |