23 Apr 2021
CLSA PREMIUM LTD (formerly known as KVB KUNLUN FINANCIAL GROUP LTD) AND OTHERS v. BANCLOGIX SYSTEM CO., LTD
- Citation
- [2021] HKCFI 1102
- Court
- Court of First Instance
- Case number
- HCA1416/2019
The court concluded there is a serious issue to be tried as to whether implied contractual duties required the defendant to preserve and give access to the Plaintiffs' Data; damages would be inadequate because of risk of irretrievable loss and regulatory harm; balance of convenience favors preserving the status quo by renewing the defendant's undertakings until trial; alleged ex parte nondisclosures were innocent and do not bar relief; accordingly injunctive relief in the form of renewed undertakings should continue and the defendant's summons is dismissed.