25 Nov 2022
EXCEL JUMBO INTERNATIONAL LTD v. CYBERNAUT GREENTECH INVESTMENT HOLDING (HK) LTD AND OTHERS
- Citation
- [2022] HKCFI 3555
- Court
- Court of First Instance
- Case number
- HCMP222/2022
Leave to bring the statutory derivative action was granted because the applicant demonstrated serious issues to be tried based on credible sworn evidence and documentary discrepancies and it was prima facie in the Company’s interests to pursue the claims; an interlocutory anti‑arbitration injunction was granted because continuation of the CIETAC arbitration would be vexatious, oppressive and unconscionable in the circumstances, would risk rendering an award that furthers the alleged conspiracy, and would not cause injustice to PIL.