Jade Overseas Holdings Limited v Palmyra Properties Limited (In Receivership), Santuary Systems Limited (In Receivership) and

Case Number: 
2012CD00142
Neutral Citation: 
[2013] JMCC Comm. 17
Date of Delivery: 
29.11.2013

Interlocutory injunction - course like 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/points of law - Whether court can feel high degree of assurance that at trial would appeal 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 of champerty - Whether management agreement constitutes sale or disposal of assets in the ordinary course of business - Whether prior written or other consent of debenture holder required for assignment under management agreement - Whether entry  into management agreement triggered automatic crystalisation of floating charges into fixed charges.

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