29 Nov 2010
POLYETHYLENE PIPE SYSTEMS LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) V BOSCH IRRIGATION LIMITED HC CHCH CIV-2010-409-000885
- Citation
- openlaw-5e9f6fd3_dc85_4f54_a42e_4a68c8abf289.pdf
- Court
- High Court
Leave was granted to the receiver to continue proceedings in the company's name because the security unequivocally extended to the cause of action, the claim was not plainly unsustainable, unsecured creditors would not be prejudiced by conditions protecting them, and appropriate protective conditions could be imposed: payment of $50,000 into court as security for costs, personal indemnity by Browne for any adverse costs exceeding that security, Browne to meet all prosecution costs and disbursements, and allowance for the defendant to continue its counterclaim. Costs incurred by Browne in enfo…