4 Jul 2008
PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS
- Citation
- PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2203/2004
The court held that the reserved findings established that the disputed property was held on trust for PEWC and therefore PEWC is entitled to transfer of the property (including to a wholly owned nominee), to an account of the proceeds of the 10 million share sale, and to ancillary enforcement machinery including anticipatory orders; the stay was refused because the appeal was only arguable (not strongly likely to succeed), PEWC's insolvency posed only a theoretical risk of attachment given its cash position and bank support, and adequate protection could be provided by undertakings and the R…