30 Sept 2005
SENCON LTD v. SENCON (HOLDINGS) LTD AND OTHERS
- Citation
- SENCON LTD v. SENCON (HOLDINGS) LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1555/2005
There was a serious question to be tried that the 1st defendant, acting through the 2nd and 3rd defendants, misrepresented the plaintiff's identity and received customer information obtained by breach of duties while the 3rd defendant remained a director; the 1st defendant was therefore tainted by fraud and could not be regarded as an innocent recipient, damages were unlikely to be adequate and the balance of convenience favoured continuing the injunction against the 1st defendant; by contrast damages and the ability to trade honestly made injunctions unnecessary and oppressive as against the…