9 Jul 2007
WHETTON AND ORS V HARDY AND ANOR HC AK CIV 2005-404-004404
- Citation
- openlaw-cdeaa7ac_43ed_4230_820d_50095e620de8.pdf
- Court
- High Court
The Court found that, narrowly, a serious question to be tried exists as to the alleged collateral term but on balance of convenience the interlocutory orders sought by the first defendant should be granted to permit the proposed refinancing to proceed pending trial, subject to conditions protecting the second defendant's entitlement (notably that any registerable discharge will not be registered until the second defendant's solicitors confirm receipt of clear funds of $135,694.20).