16 Mar 2016
ANNIK INVESTMENTS LTD (IN LIQUIDATION) v EDWARDS & ORS NZHC 462
- Citation
- openlaw-5535497b_a21f_46b9_85e1_f54d8d07086a.pdf
- Court
- High Court
The Court held that the liquidator's request to Otis (as guarantor/party with superior interest) under the statutory regime prevailed over an earlier requisition made by the mortgagors under s102; accordingly mandatory relief compelling transfer of the mortgages to Performance was refused. The Court denied the Edwards' interlocutory reliefs (injunction to restrain sale and appointment of receiver) because there was no serious question to be tried on those claims, the applicants' undertakings as to damages were inadequate and the balance of convenience favoured Otis and AIL. Conversely, the Co…