8 Oct 2009
S J THOMAS V F.W.T. HOLDINGS LIMITED HC WN CIV-2009-485-120
- Citation
- openlaw-d2856d11_e2f0_4d3f_940f_e24bd4fdd6c4.pdf
- Court
- High Court
The Court has jurisdiction to vary the interlocutory order preventing lapse of caveats and, exercising its residual discretion cautiously, granted the respondent's application because the applicant's economic interest could be adequately protected by substitution of the caveats with a $100,000 fund to be paid into Court and held on interest pending determination of the substantive proceeding, thereby balancing the competing interests and enabling development finance to proceed.