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High Court refuses to grant interlocutory injunction restraining the defendants from acting in their capacity as joint receivers of a retail park, finding that the plaintiffs have failed to show there is a serious issue to be tried since the loan documentation is not in dispute between the parties.
Interlocutory injunction – banking law – mortgages – order restraining the second and third defendants from acting in their capacity as joint receivers of a retail park – whether there is a fair or bona fide or serious question to be tried – security documents not exhibited at ex parte application for injunction – Paget’s “Law of Banking” (14th Ed., Lexis Nexis, 2014) – plaintiffs have failed to establish the first and essential test in the Campus Oil decision, namely that there is a serious issue to be tried – injunction refused.
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