23 Dec 2008
WELLESLEY CLUB INCORPORATED AND ANOR V WELLESLEY PROPERTY HOLDINGS LIMITED AND ORS HC WN CIV-2007-485-133
- Citation
- openlaw-96f9edbe_9ebb_4204_b86a_674070e832ee.pdf
- Court
- High Court
There is a serious issue to be tried under s 174 but the specific application to restrain execution of the replacement cross guarantee is not justified because the balance of convenience favours the defendant given the bank's need to cure defective security and the lack of evidence of irreparable harm to the plaintiff; accordingly the interim injunction is dismissed.