22 Nov 2021
GENTLE SOAR LTD v. CMBC CAPITAL FINANCE LTD AND OTHERS
- Citation
- [2021] HKCFI 3450
- Court
- Court of First Instance
- Case number
- HCA678/2021
The injunction was dismissed because the claimant failed to establish a serious issue to be tried: the principal expert valuation relied on (Vincorn) was found unreliable and internally inconsistent; in the factual context (material deterioration of Listco, auditor's disclaimer, trading halt, engagement of Somerley and market feedback) D1's expedited sale was not shown to be in bad faith or negligent in taking reasonable steps to obtain value; therefore no proprietary injunction should issue.