21 Jan 2009
BURKE V ADVANCED SECURITIES LIMITED AND ANOR HC TAU CIV 2009-470-000027
- Citation
- openlaw-7379d902_90e0_4ccc_bd98_8ae477410e20.pdf
- Court
- High Court
The plaintiffs failed to demonstrate a serious question to be tried; the assignment of the Basecorp mortgage to Advanced Securities was lawful and not oppressive; s124(b)(iv) CCFA did not assist the plaintiffs; the balance of convenience favoured allowing the mortgagee sale to proceed; accordingly the application for an interim injunction was dismissed and costs were awarded to Advanced Securities in accordance with its security documentation.