21 May 2010
TEA CUSTODIANS (PACIFIC) LIMITED V RASHEED HC AK CIV 2010-404-000432
- Citation
- openlaw-a6bdd9d8_a311_4379_a366_de0d1eb55f72.pdf
- Court
- High Court
A stay of enforcement was justified because the defendant showed a realistic prospect of paying all creditors through a conditional loan with the Official Assignee's consent, eviction would cause a substantial miscarriage of justice to an occupant likely able to clear the debt, and the plaintiff would not be prejudiced if paid in full; accordingly the court exercised its discretion under r 17.29 to grant a temporary stay pending the annulment hearing.