11 Jul 2012
WEST HARBOUR HOLDINGS LTD V WAIPAREIRA INVESTMENTS LTD HC AK CIV-2011-404-5801
- Citation
- openlaw-4e8895c4_0e4d_4d6f_86c3_6a4bcf532d1c.pdf
- Court
- High Court
The plaintiff's applications for summary judgment and mandatory injunctions were dismissed because West Harbour failed to establish there was no real defence: it had not demonstrated it was ready and able to perform reciprocal obligations necessary for discharge (notably refinancing the 13-unit mortgages and transfer of title to Marina Resort contemporaneously); discretionary factors (including insolvency risk, potential prejudice to Waipareira, the all-obligations mortgage scope and available contractual dispute resolution) further warranted refusal; appointment of a receiver was declined an…