10 Dec 2012
ROCKET SURGERY LIMITED V GOODWIN HC DUN CIV-2012-412-000335
- Citation
- openlaw-8cf2caf5_c3a3_4ee0_bc26_8a34f867f5f3.pdf
- Court
- High Court
Stay dismissed because defendants failed to show the appeal would be nugatory or that they could repurchase or provide security; plaintiff and third party financiers would suffer real prejudice from mounting holding costs and risk that sale proceeds would be insufficient to reimburse the plaintiff; defendants adduced no credible evidence of changed finances or indemnities; balance of convenience favoured plaintiff and third parties, therefore refusal of stay was just.