22 Oct 2010
SILK WATER LIMITED (IN LIQUIDATION) V MAMA'S SOUP KITCHEN LIMITED HC INV CIV 2010-425-000489
- Citation
- openlaw-5aed6e2f_1e55_4afe_ba93_ae572e8a8d27.pdf
- Court
- High Court
Where a plaintiff has an arguable right to a fund at law (by contract interpretation) or in equity (a priority arising from unconscionability), the court has jurisdiction under r 7.55(3) to make a preservation order and may exercise its discretion to do so by ordering the net proceeds be held in trust pending resolution, with directions to limit expenditure and require further procedure to resolve competing claims.