9 Jul 2009
RICHARDS V AUCKLAND FINANCE LIMITED HC AK CIV 2008-404-002324
- Citation
- openlaw-a22e27a9_e872_4ef9_8dbe_6d8afe0387ac.pdf
- Court
- High Court
AFL satisfied the statutory requirements and Mr Richards failed to show that it would be just and equitable to refuse adjudication: he voluntarily assumed and extended commercial risks, committed trust assets that foreclosed ability to meet earlier guarantee obligations, and the public interest in enforcement of guarantees and commercial morality weighed in favour of adjudication.