28 Jul 2011
SATARA CO-OPERATIVE GROUP LIMITED V FUS LIMITED (FORMERLY APOLLO FRUIT LIMITED) (IN LIQUIDATION) HC NAP CIV-2008-441-856
- Citation
- openlaw-1b47522e_73b6_4a4a_9595_64f60e1988f3.pdf
- Court
- High Court
The defendants' summary judgment application was dismissed because there is a real and unresolved legal and factual doubt whether the plaintiff is a 'creditor' (including contingent creditor) for the purposes of s 301, and the defendants did not establish a clear, complete defence that cannot be contradicted; the plaintiff's consolidation application was refused because the two proceedings involve materially different causes, issues and timelines and consolidation would be prejudicial and cause delay; costs lie where they fall.