30 May 2008
FROST AND HORNE V CARR AND ORS HC DUN CIV 2007-412-507
- Citation
- openlaw-b64b7433_6a15_4dc7_8028_367c4c274b33.pdf
- Court
- High Court
A stay was granted because on balance there was a real prospect that the Carr interests could establish entitlement to specific performance or otherwise be prejudiced if assets were sold before the appeal, the appeal date was only a few months away, and the equities favoured preserving the title position subject to security; accordingly the stay was conditional on the Carr interests assigning their one‑third shareholding as security, caveats being removed and specified variations to receiver obligations.