30 Aug 2011
DOMINION FINANCE GROUP LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) V SHANE ALLEN LE PROU HC ROT CIV 2011-463-000169
- Citation
- openlaw-eec3efb7_6bd4_4297_894f_1b9617dec5bd.pdf
- Court
- High Court
The adjudication orders were granted because the Le Prous' complaints derive from rights belonging to Sade (the company) which has abandoned claims; the Le Prous were not parties to the priority deed and therefore cannot rely on it; the guarantees preclude set off or subrogation to Sade's rights; no contractual duty arose to the guarantors under clause 7; and in the exercise of s37 discretion the large outstanding debt and public interest favoured making the adjudication orders.