Read the full judgment text of HCCT 109/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 16 November 2004 before Hon. Reyes J.
Procedure — Examination of judgment debtor under Order 48 Rule 1 — Scope of examination — Whether examination limited to current debts, property or means — Whether rights of action against third parties included — Whether examination permitted to obtain information for personal claims against directors — Whether information obtained as director of other group companies disclosable — Arbitration award enforcement. Bloomsbury International Limited obtained a judgment against Nouvelle Foods (Hong Kong) Limited based on an arbitration award. Bloomsbury sought examination of former directors NJS and NJP regarding Nouvelle's assets and rights to enforce the judgment. Issues arose on the scope of examination. The Court held that Order 48 permits examination concerning all property and means of satisfying a judgment, including existing chose in action and rights of action against third parties, even if not yet litigated. Examination to obtain information solely for personal claims by the creditor against third parties, including directors, is not permitted. Distinctions between information acquired as directors of different group companies are artificial; relevance governs admissibility. Specific topics relating to share sales by group companies fell outside scope, while questions concerning Nouvelle's assets, expenses, and intercompany management may fall within scope subject to discretion. No order as to costs was made.
Legal issues: Proper scope of examination under Order 48 Rule 1 · Examination about debtor's rights of action against others · Examination for purposes of personal claims by the creditor against directors · Examination scope regarding information acquired as directors of other companies
Outcome: Issues 1, 2, and 4 answered affirmatively; Issue 3 answered negatively. Topics 1 and 2 excluded from scope; Topics 4, 5, and 6 included; Topic 3 partially allowed subject to discretion. No order as to costs (order nisi).