5 Nov 2006
EAST KIT INDUSTRIES LTD AND ANOTHER v. MITSUMARU EAST KIT (HOLDINGS) LTD
- Citation
- EAST KIT INDUSTRIES LTD AND ANOTHER v. MITSUMARU EAST KIT (HOLDINGS) LTD
- Court
- Court of First Instance
- Case number
- HCA1729/2004
The ex parte injunction was discharged because there was material non-disclosure of financial information (the presentation of about $4 million in property equity without adequate disclosure of a $3.75 million shareholders' loan) that could have affected the ex parte judge's decision to accept the cross-undertaking without fortification; separately, the plaintiffs failed to demonstrate a real risk that the defendant would act beyond normal holding company activities, so the application for an injunction pending trial was refused.