24 Feb 2011
THE HEALY HOLMBERG TRADING PARTNERSHIP V DAMIEN GRANT AND STEPHEN KHOV AS LIQUIDATORS OF LBD CIVIL LIMITED (IN LIQUIDATION) HC AK CIV 2009-404-002279
- Citation
- openlaw-e2bafd27_cc71_4185_88b1_3e8a06b6207e.pdf
- Court
- High Court
The court found HH failed to prove on the balance of probabilities that the written security agreements were completed before RIGA's perfection or before liquidation; forensic evidence indicated backdating and likely execution after the relevant dates so HH's securities were not perfected prior to RIGA and the application under s284 is dismissed.