5 Sept 2008
CROWN MONEY CORPORATION LIMITED V PINK-MARTIN AND ANOR HC AK CIV 2008-404-000297
- Citation
- openlaw-a894594d_1fd5_4915_b87c_be25ab5f140c.pdf
- Court
- High Court
Applicant failed to adduce material establishing an arguable defence that the mortgagee/purchaser obtained the property at a price below the best reasonably obtainable price causing actionable loss; the plaintiff and mortgagee took reasonable commercial steps to market and sell the property and defendant's complaints were speculative or unsupported on quantum; accordingly there has been no demonstrated miscarriage of justice and the application to set aside summary judgment and for a stay is refused.