3 Nov 2006
THE OFFICIAL ASSIGNEE IN BANKRUPTCY OF THE PROPERTY OF CHRISTOPHER STEPHEN CUMINGS V NEIL AINSWORTH KIRK AND PETER JOHN MULHOLLAND AND ANOR HC AK CIV 2006-404-006754
- Citation
- openlaw-a093f3f0_8fbc_4557_af32_7c0ecda7c41c.pdf
- Court
- High Court
The guarantees expressly waived any right to marshalling and the affidavits and correspondence did not disclose sufficient evidence of bad faith by the mortgagee or of dishonest assistance by the defendants; therefore the plaintiff failed to establish a seriously arguable case and the interim injunction must be dismissed.