27 Jan 2021
SILVER UNIVERSE INVESTMENTS LTD v. CHINA TIMES SECURITIES LTD AND OTHERS
- Citation
- [2021] HKCA 105
- Court
- Court of Appeal
- Case number
- CAMP187/2020
Leave to appeal was refused because the plaintiff failed to demonstrate a reasonable prospect of success on the interim payment claim: there are arguable defences that the transfers were authorised under the loan's Portfolio Protection Arrangements and fungibility provisions, the plaintiff had not validly or clearly elected rescission and had not identified a definite valuation date to crystallise damages, and triable issues exist on authority and breach such that interim payment is inappropriate.