24 May 2021
JML-CRAFT PTY LTD v. CHINA PING AN INSURANCE (HONG KONG) CO LTD AND ANOTHER
- Citation
- [2021] HKCFI 1468
- Court
- Court of First Instance
- Case number
- HCCT27/2021
The injunction was refused because the plaintiff failed to establish the high thresholds required to restrain enforcement of an on‑demand bond: there was not a strong case to imply limiting terms or to found estoppel by convention, nor was fraud the only realistic inference. Crucially, the contractual mechanism required written certification of satisfactory delivery which was not issued and which the plaintiff had not sought, therefore the 2nd Defendant's entitlement to call the Advance Payment Bond remained valid; costs awarded to defendants.