15 Jan 1999
IN RE MALCOLM MAYDWELL
- Citation
- IN RE MALCOLM MAYDWELL
- Court
- Court of First Instance
- Case number
- HCB964/1998
The applications to set aside the statutory demands were dismissed because res judicata did not apply given materially changed circumstances and prior challenges had been fully litigated (including at the Privy Council); the alleged counterclaims and misrepresentation/fraud lacked bona fides, particularity and prospects of success and could not be used to go behind the judgment; the expedited petition under s6C was properly presented because the three‑week moratorium was effectively suspended while set‑aside applications were outstanding and WFM had established serious risk of diminution of a…