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Court of Appeal allows an appeal of an order of High Court, in which the receivers were granted an injunction requiring the defendants to vacate a property, on the grounds that, while the plaintiffs raised a “fair issue” to be tried in relation to a number of arguments, they failed to demonstrate that it meets the threshold of a “strong case”; and the court sets aside the interlocutory injunction to vacate property.
Appeal against order vacating properties and possession of a property pending the determination of the proceedings – validity of transfer – receivership – Novation Deed – Global Deed of Transfer - taken on a cumulative basis, the plaintiffs have not met the required threshold of a “strong case” in relation to their case as a whole – fails to meet the threshold of a strong case – errors in documents display fair issue to be tried but not a strong one - therefore not necessary to consider balance of convenience – costs to appellant as they have been wholly successful in appeal - appeal allowed.
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