14 Mar 2008
SWEENEY V CAPRICE ACQUISITIONS LIMITED HC WN CIV 2007-485-1903
- Citation
- openlaw-4242ad4a_e532_4d00_a77c_68540ab71298.pdf
- Court
- High Court
The defendant failed to establish a genuine and substantial dispute or to provide clear and persuasive evidence of a counterclaim; its solvency evidence was unverified and insufficient; the court found that notice of assignment under s130 was effectively given to Singer via the directors' receipt of the signed Deed and attached notice. Consequently the Rule 700K application to stay the liquidation and restrain advertising was dismissed.