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Judgment · jid 4458 · pdb #3760

Xie Zhikun; Fortune Favors Holdings Ltd; Shengshi View International Holding Ltd v XiO GP Ltd; Pacini; Li; Dorsey Ventures Ltd - Judgment

FSD 0025/2017 (IMJ) · 2017-06-09

Interlocutory Injunction - Continuation of Ex Parte Injunction - Discharge - Whether Failure of Duty of Full and Frank Disclosure. Whether Case an exception to the guidelines in American Cyanamid - Whether Serious Issue to be tried - Company Law - Reflective Loss Rule - Whether serious issue as to Exception to the Rule since claim is for Permanent injunction - Whether Damages an Adequate Remedy - Balance of Convenience Fortification.

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In the Grand Court of the Cayman Islands — Financial Services Division
Cause No. FSD 0025/2017 (IMJ)
Between
Xie Zhikun; Fortune Favors Holdings Ltd; Shengshi View International Holding Ltd
- v -
XiO GP Ltd; Pacini; Li; Dorsey Ventures Ltd - Judgment
Before
Mangatal J
Judgment delivered 2017-06-09

THIS JUDGMENT IS RELEASED
THIS JUDGMENT IS RELEASED

The Second Defendant, Joseph Pac

There was also before me

These injunctions were continued

I consider this case a
companies to sign the final Entrustment
Li Hong’s investment was recognized and commitments

The Defendants failed to comply
management or funding of Project Camping, Project
(ii) Even taking the Plaintiffs’
of damages for the loss he would have
to Dorsey and would be highly speculative
equitable right to be enforced or protected
stated purpose of the Hong Kong injunction

These Defendants therefore submit that
interest in Dorsey or the Onshore

It was also submitted that
(1) The failure to draw the
least) raised serious doubts as to the
save in a case where, by reason

These Defendants say that Mr

Reference was also made to

Reference was also made,
since the claimant had established that a
cause of action to recover that loss the
case of *R + V Versicher
Supplemental Submissions on behalf of
nothing to stop the independent directors from seeking

In relation to the Plaint
receivers over all of the shares in
about non-disclosure, and the Court
important it is, in my view,
With those considerations in mind, I do
applicants to remove the existing board of

In his 3rd

I appreciate that in the
f. The Court should take whichever course
grant an injunction restraining Ms. Li from
issues to be tried in relation to the
reason for the resignation, does to some
WHETHER DAMAGES AN ADEQUATE
on behalf of the XiO GP also
private equity funds obtain funding for its investments
he is entitled. The Shanghai Li Hong

It is relevant whether

In my judgment,

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