27 Nov 2008
IH WEDDING & SONS LIMITED AND ANOR V BUY-SELL REALTY NZ LIMITED HC AK CIV 2008-404-5502
- Citation
- openlaw-057d7941_3b70_4691_b57d_3a3bca568fb9.pdf
- Court
- High Court
Leave to continue the appeal was granted because the appellants' case was not unsustainable, there was no undue delay, the appellants offered to fund enquiries that could lead to recovery (so the litigation was not necessarily fruitless), the s302 alternative was inappropriate, and considerations of creditor equality and alleged advantage were insufficient to deny leave.