17 Mar 2006
PALUBINSKAS, BEGOVIC AND ROBB V OCEAN VIEW OLIVES LIMITED HC AK CIV 2006-488-000061
- Citation
- openlaw-f1995193_39cc_4eff_83ae_cffed3d5e80f.pdf
- Court
- High Court
The court held the ex parte orders were not wrongly granted: despite procedural sloppiness and some inadmissible or low-weight reply material, there remained a serious question to be tried because the plaintiffs plausibly contracted to buy 4010m2 as shown by the scheme plan and the proposed change concerned conveyance/contract rather than title; the balance of convenience favoured preserving the status quo pending substantive determination, so the application to set aside was dismissed subject to a fuller undertaking being filed.