8 Nov 2021
SECURITIES AND FUTURES COMMISSION v. ISIDOR SUBOTIC AND OTHERS
- Citation
- [2021] HKCFI 3350
- Court
- Court of First Instance
- Case number
- HCA1277/2019
The court found the SFC's claim is in the nature of a tort and that the issues as to application of tort/conspiracy principles to SFO claims and the extraterritorial effect are arguable and of general public importance, meriting leave to appeal limited to grounds 2-5 (Gateway F). Leave in respect of Gateway B was refused because even if an injunction gateway exists, SFC must still satisfy Gateway F for claims other than an injunction. The stay was refused as success on Gateway F would not render the injunction claim moot. Costs were varied because SFC failed to serve the costs statement; the…