12 Jan 2023
HKCOLO.NET LTD v. HONG KONG TELECOMMUNICATIONS (HKT) LTD
- Citation
- [2023] HKCFI 138
- Court
- Court of First Instance
- Case number
- HCA1900/2021
The court dismissed both summonses and discharged the interim-interim injunctions because HKT's case was weak on the merits and did not meet the high threshold for continuation of a mandatory interlocutory injunction: the evidence showed a strong case that the MOU ramp-up schedules were incorporated into the parties' contractual relationship by conduct and estoppel, HKCOLO was entitled to accept repudiation and terminate, and HKT had committed material non-disclosure at the interim stage which warranted discharge; on balance of convenience it was not just or convenient to force continued perf…