21 Dec 2006
HARVESTPRO LOGGING LIMITED V CORDYLINE HOLDINGS LIMITED HC AK CIV 2006-404-3107
- Citation
- openlaw-259ad99f_db49_445c_bfc2_3c956b5d45fd.pdf
- Court
- High Court
The application for a stay was refused because the applicant failed to adduce evidence that withholding a stay would render the appeal nugatory or that the respondent would be unable to repay sums if the appeal succeeded; there was insufficient evidence of an inevitable forced sale or substantial diminution of asset recovery and on balance of convenience the successful party was entitled to the fruits of its judgment; accordingly the interim stay was discharged.