10 Jun 2008
PIPER V ANZ NATIONAL BANK HC AK CIV 2008-404-2686
- Citation
- openlaw-079cb9b0_320b_4c6f_9a19_a3ab8c7bd85b.pdf
- Court
- High Court
The plaintiffs' application for interim relief was dismissed: there was no serious question to be tried that the mortgage did not secure the amounts claimed (s104 PL Act and Facility Agreement insured liability), the asserted contractual, tortious and fiduciary causes of action were not tenable on the evidence, and the balance of convenience (including plaintiffs' delay and likely prejudice to an innocent purchaser and the Bank) overwhelmingly favoured refusal of the injunction.