7 Nov 2007
ALPHA (ASIA) LTD v. DYNO NOBEL HONG KONG LTD
- Citation
- ALPHA (ASIA) LTD v. DYNO NOBEL HONG KONG LTD
- Court
- Court of First Instance
- Case number
- HCA1501/2007
The plaintiff failed to demonstrate the high degree of assurance required for a mandatory interlocutory injunction: there was at most a serious issue about contract construction (whether supply obligation was for an emulsion or a branded end product) and about entitlement to substitute, conflicting technical evidence on substitution and an absence of proof that damages would be inadequate. On balance the risk of injustice favoured refusal of the injunction.