2 May 2007
SAGE V SOMERS-EDGAR & ORS HC AK CIV-2006-404-7717
- Citation
- openlaw-d0a9e7c6_c1f8_4420_bcba_d1929a05f938.pdf
- Court
- High Court
The court found there was a serious issue to be tried on the oppressive conduct claim and arguable creditor standing, but the debenture was not discharged by the shareholders agreement; two working days between demand and appointment was not unreasonable in the circumstances; given the company's dire financial position and the need to realise assets to minimise loss the balance of convenience did not favour granting an interim injunction, so the application was dismissed.