22 Aug 2022
Application to vary undertakings was dismissed because applicants failed to provide sufficient information and documentation, delayed challenging the undertakings despite knowledge of them, and did not demonstrate that release of funds or a caveat would adequately protect the plaintiff's interests or resolve the outstanding encumbrances on the property.
27 Jul 2018
Leave to file and serve the third amended statement of claim was granted because the amendments were confined to clarifying and refining existing claims (not introducing new causes of action), addressed the nature of a $15.15 million debt transfer and the basis of liability of certain defendants, and would not cause significant prejudice; the liquidators of the seventh and eighth defendants consented and were excused from further procedural steps; undertakings were varied to reflect liquidation and to set out management of funds, sale of vineyard and wine stock, permitted deductions, and cond…
20 Oct 2010
The court granted a limited variation of the undertakings permitting restricted advertising confined to the Pinehill/Northcross area and capped the regular roll and summer enrolments at 70 because the balance of convenience favored preserving the defendants' business to avoid irreparable loss and impracticable damages while protecting the plaintiff by geographic and numerical limits; other variations (logo on shirts) were refused due to risk of direct competition in Campbells Bay.