2 Oct 2003
RE EAPOWER RESOURCES INTERNATIONAL LTD
- Citation
- RE EAPOWER RESOURCES INTERNATIONAL LTD
- Court
- Court of First Instance
- Case number
- HCCW1325/2001
Leave to commence proceedings under s186 was refused because the 1st Applicant plainly breached the restructuring agreement by failing to provide escrowed funds by the contractual long-stop, the provisional liquidators were entitled to terminate on 5 March 2003, there was no realistic prospect of obtaining specific performance or an injunction given subsequent arrangements and creditor interests, and any damages claim should be pursued within the liquidation or scheme process.