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High Court refuses to grant defendant's application to stay proceedings seeking damages for alleged non-performance of a contract for the sale of a hotel where the plaintiff, as liquidator of the property, has been removed as liquidator by order of the High Court in a separate action presently under appeal, on the grounds that the defendant has failed to establish any prejudice by continuing to defend the action.
Application to stay further prosecution of plaintiff's action pending judgment in an unrelated action - plaintiff as liquidator of hotel put under auction - defendant paid deposit but failed to raise balance - proceedings for alleged non-performance of contract for sale - defendant became aware plaintiff allegedly removed as liquidator as a result of judgment in separate proceedings - committee of inspection - revenue commissioners - judgment under appeal by liquidator - whether within proceedings in breach of conditions placed on appeal by Court of Appeal - delay - whether plaintiff prejudiced if proceedings stayed - comments of Murphy J. in separate proceedings regarding current action - appropriate for plaintiff to sue for shortfall in selling price of hotel after it had been placed back onto the market as defendant did not complete the purchase - proceedings will practically not be in a position to be brought to trial prior to judgment being delivered in appeal of separate proceedings - defendant not prejudiced by having to proceed with action - application refused.
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