18 May 1999
PACIFIC TELECOMMUNICATIONS LTD. v. BB TELECOM LTD. AND ANOTHER
- Citation
- PACIFIC TELECOMMUNICATIONS LTD. v. BB TELECOM LTD. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA19538/1998
The court stayed execution of the Master's order because there was a real and arguable case for set-off/counterclaim and a contested without prejudice issue which could render the appeal nugatory if execution proceeded; additionally the Master imposed an unconditional payment-into-court requirement without following the proper procedure or allowing the defendants to demonstrate inability to comply, and the defendants filed an affidavit of means showing serious prejudice would result from payment into court.