29 Apr 1987
GUANGDONG TRANSPORT LTD v. ANCORA TRANSPORT N.V. AND ANOTHER
- Citation
- GUANGDONG TRANSPORT LTD v. ANCORA TRANSPORT N.V. AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV19/1987
An interlocutory injunction restraining payment under an on‑demand bank guarantee will not be granted except in the limited circumstances where clear and convincing evidence of fraud exists; the judge found no such fraud on the facts (it was reasonably open that Ancora honestly believed its claim fell within 'freight'), and even if arguable G.T.L. could be adequately compensated in damages, so the injunctions should be discharged and the appeal is dismissed.