15 Oct 2010
NATHANS FINANCE LIMITED (IN RECEIVERSHIP) V DOOLAN AND ORS HC AK CIV-2010-404-2360
- Citation
- openlaw-a0e8847e_897f_4b50_b346_f0f1afa124d7.pdf
- Court
- High Court
The application for a stay was dismissed because the judge was not satisfied there was a real and not merely theoretical risk of injustice to the criminal proceedings: statutory protections (Evidence Act ss60,63) and careful case management (staging discovery and interlocutory steps) mitigate any risk of prejudice; the burden of concurrent proceedings was not shown to be oppressive given the available time and possible adjustments; prejudice to roughly 7,000 creditors weighed against a stay; loss of tactical advantage alone does not warrant a stay.