9 Jun 2023
AHS DEVICE HONGKONG LTD v. VT ZERO LTD
- Citation
- [2023] HKCFI 1514
- Court
- Court of First Instance
- Case number
- HCA197/2022
The interim payment application was dismissed because the plaintiff failed to meet the high statutory threshold under O.29 rr.11(1)(c) and 12(c); there were genuine, reasonable and triable disputes on core matters (accuracy of defendant's records versus Back Market records, the incidence of liability for returns/refunds including possible incorporation of marketplace terms, and a reasonably arguable penalty defence to the late remittance charge) such that the court could not be satisfied that the plaintiff would obtain judgment for a substantial sum; consequently the proprietary injunction wa…