3 May 2012
THOMAS FREDERICK MAZLIN KING AND JUDITH RING KING AS PARTNERS OF THE TFM AND JRK KING PARTNERSHIP AND IN THEIR PERSONAL CAPACITIES V PFL FINANCE LIMITED HC AK CIV 2012-404-001734
- Citation
- openlaw-bb468e70_bcf0_4426_bddf_5396f72f4d02.pdf
- Court
- High Court
The plaintiffs failed to establish a serious question to be tried on waiver/estoppel or oppressive conduct: their estoppel claim lacked credibility against contemporaneous documents and reliable evidence; the receiver relied on apparently qualified, apparently sound professional advice and acted intelligibly and in good faith in taking possession and ceasing farming; the balance of convenience and overall justice favored the creditor because reinstating plaintiffs would risk further default and erosion of PFL's secured position, therefore interim mandatory relief was denied.