31 Mar 2010
SWISHER HYGIENE FRANCHISE CORPORATION V HI-GENE LTD HC AK CIV-2009-404-001573
- Citation
- openlaw-1ed33394_1b74_4409_bb9b_121c996f901c.pdf
- Court
- High Court
The Court granted a limited stay of execution because the balance of factors favoured preserving Hi-Gene's appeal opportunity to avoid rendering it nugatory, subject to strict, enforceable conditions (three month limit or until the Court of Appeal determines leave to appeal out of time; payment by sub-franchisees into a neutral solicitor's trust account; requirement that Hi-Gene progress its leave application expeditiously), thereby protecting Swisher's and third parties' interests while allowing the appeal process to be determined.