15 Oct 2021
Decline stay because the real and weighty risk that respondents would be unable later to obtain mortgage finance and thereby be deprived of the fruits of the judgment outweighs the applicants' purely financial prejudice; the appeal is not rendered nugatory by refusal to stay and the overall balance of convenience favors respondents.
22 Aug 2011
The defendant's application for particular discovery is granted in part: documents relating to any applications by the plaintiff to obtain finance in respect of the Apex House transaction made after 23 December 2009 are relevant to, and may assist in inferring, whether the parties entered a new contract post-23 December 2009 and therefore must be discovered; documents and finance applications prior to 23 December 2009 are irrelevant to the question whether the original contract was validly cancelled on that date and are not discoverable.