25 Aug 2009
COMMISSIONER OF INLAND REVENUE V CHESTERFIELDS PRESCHOOLS LTD AND ORS CA CA607/2008
- Citation
- openlaw-abe0645b_7fa1_428b_81ec_e316afe74f1b.pdf
- Court
- Court of Appeal
The Court granted a stay because, on balance, absent a stay the judicial review appeal would be rendered nugatory by irreversible steps required to give effect to the High Court orders; the respondents face probable insolvency if the Commissioner's determinations are upheld, undermining recovery of costs; undertakings and uncertainty over encumbered assets did not provide adequate security to outweigh that risk; therefore the balance of convenience favoured a stay pending determination of the consolidated appeals.