Granary Investments (Private) Limited v Elkin Pianim

Key Issues

• {"issue_text":"Does Rule 348A sub-rule (5a) apply to a dwelling house registered in the name of a company?","issue_type":"law","dispositive":"yes","related_facts":"Property owned by company but occupied by director/shareholder and family"}
• {"issue_text":"Must the sub-rules (5e)(b)(i)-(iii) be read conjunctively or disjunctively?","issue_type":"law","dispositive":"yes","related_facts":"Applicant relies on (b)(iii) \"some other good ground\""}
• {"issue_text":"Is an application for rescission of judgment \"some other good ground\" under Rule 348A(5e)(b)(iii)?","issue_type":"law","dispositive":"yes","related_facts":"Applicant has filed rescission application"}
• {"issue_text":"Was the chamber application filed out of time?","issue_type":"procedural","dispositive":"no (dismissed on merits)","related_facts":"Notice of attachment served in 2004, application filed 2011"}

Background