Finzi (Winston) and Anor v JMMB Merchant Bank Ltd

exercising the power of sale under a registered mortgage from a claim for injunctive
relief by the mortgagor. Sykes J was therefore correct to apply this principle on the
material before him in the court below. The additional material relied on by Mr
Finzi/Mahoe Bay on this application for an injunction pending appeal has failed to
demonstrate that there is even an arguable case on the ground of fraud. Accordingly,
for all the reasons which I have attempted to state, I have come to the clear conclusion
that this application, not having met the threshold of a good arguable appeal, must be
dismissed without more. In the light of the view I take on this point, it is not necessary
to go on to consider matters such as whether damages would be an adequate remedy
and the balance of convenience. Nor have I found it necessary to consider JMMB’s
counter-notice of appeal, which therefore remains a matter for the court on the hearing
of the substantive appeal.
Disposal of the application
[65] The application for an injunction pending appeal is dismissed. The parties are to
make written submissions on the question of the costs of the application within 21 days
of the date of this judgment. The court will deliver its written ruling on costs within a
further 14 days of the date of receipt of the last submission.