26 May 2008
OOO DV RYBOPRODUKT V UAB GARANT CA CA52/2008
- Citation
- openlaw-bb1f615b_606a_4468_bd9f_919dffef145d.pdf
- Court
- Court of Appeal
The Court held the notice of proceeding was not a nullity and could be amended; there was a reasonably arguable admiralty claim justifying re-arrest, any procedural error in using r776 rather than an interlocutory on-notice application was cured and caused no injustice, Garant did not materially fail in disclosure, the alleged personal guarantee was not satisfactory alternative security, Williams J's adjournment of sale stands but Ryboprodukt's opposition to sale is reinstated to be heard, and the appeal is dismissed except as to reinstatement of that opposition; interim costs of NZD 6,000 aw…