15 Dec 2005
BOYS V CALDERWOOD AND ORS HC AK CIV 2004-404-290
- Citation
- openlaw-f5fada71_fca0_4d33_9625_e69dd67156ad.pdf
- Court
- High Court
The Court declined the stay of execution and the application to set aside the bankruptcy notice because the balance of convenience favoured the plaintiff: the defendant had delayed, had not paid despite apparent ability, and the second mortgage offered was an impractical form of security that could prejudice the plaintiff; however the Court stayed the 14 day compliance period until 12 January 2006 and ordered protective deposit arrangements should payment be made.