You are here

Jade Overseas Holdings Limited v. Palmyra Properties Limited (In Receivership), Sanctuary Systems Limited (In Receivership) and Kenneth Tomlinson

Court: 
Supreme Court
Catchwords: 

Interlocutory Injunction-Course likely to cause the least irremediable prejudice-Need for court to engage in assessment of strength of parties' cases-Case involving mainly construction of agreement/written instruments/point of law-Whether court can fell high degree of assurance that at trial would appear injunction rightly granted-Whether claimant guilty of delay

Securities-Fixed or floating charge-Debenture-Restrictive clauses in debenture-Priority of charges-Whether management agreement void as maintenance or champerty-Whether management agreement constitutes sale or disposal of assets in the ordinary course of business-Whether prior written or other consent of debenture-Holders required for assignment under management agreement-Whether entry into management agreement triggered automatic crystalisation of floating charge into fixed charge

Document Type:

Year: 
2013
Suit/Claim number: 
2013 CD00142
Neutral Citation: 
[2013] JMCC Comm. 17