23 May 2011
LOVE AND TRUSTS LIMITED V AUBURN APARTMENTS LIMITED HC AK CIV-2009-404-725
- Citation
- openlaw-0f173eab_ed0b_468c_86e2_8ecd57e823e0.pdf
- Court
- High Court
A stay of execution was granted because the appeal was not hopeless and there was a real risk it would be rendered nugatory absent a stay given the Loves' likely inability to pay and risk of bankruptcy, while prejudice to Auburn was limited by receivers' undertaking; the $25,000 security remains because the circumstances justifying it (risk that funds would be used to pay other creditors while the Loves might succeed on appeal) have not materially changed; the interlocutory injunction was discharged on condition the deposit released be held in a separate account and not paid out except by cou…