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Karibukai Limitedv v Sky High Holdings Limited (as purported fondholder and as purported agent of the bondholder's trustee the JCSD Trustee Services Limited) v Mystic Mountain Limited (In Receivership and Bankruptcy)

Case Number: 
SU2022IS00009
Neutral Citation: 
[2022] JMCC Comm 38
Date of Delivery: 
11.11.2022

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.

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