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Karibukai Limited v Sky-High Limited (as purported Bondholder and as purported agent of the Bondholder's Trustee the JCSD Trustee Services Limited), Mystic Mountain Limited (In Receivership, Bankruptcy) and Wilfred Baghaloo (Receiver Manager [and former Bankruptcy Trustee] of Mystic Mountain Limited, in Receivership and Bankruptcy)

Court: 
Supreme Court
Catchwords: 

Insolvency-Receivership-Receiver appointed under Debenture-Application for injunction to prevent Receiver exercising power of sale-Whether serious issue to be tried-Adequacy of damages-Balance of convenience-Section 79 Insolvency Act and section 46(2) Security interest in Personal Property Act-Whether Receiver acted in good faith-Whether best price reasonably obtainable-Whether court has jurisdiction to make supervisory order in relation to the power of sale

Document Type:

Year: 
2022
Suit/Claim number: 
SU2022IS00009
Neutral Citation: 
[2022] JMCC Comm 38
Judge(s): 
Batts J