Rabuka, facing mortgage enforcement proceedings, sough urgent removal of the NOSIs to facilitate the property's sale. He retained Weedon Law and sought an order for their removal.
The court agreed that it jurisdiction to remove NOSIs upon Rabuka's commitment to hold sufficient funds in trust. The NOSI holders were ordered to provide proof of security interests within 15 days, failing which the court will imply the nonexistence of the underlying security agreements, justifying the release of held-back funds.
Ultimately, all orders sought by Rabuka were granted, allowing for the removal of NOSIs and ensuring the protection of his interests in the sale of the property. The defendant failed to respond with security agreements or defend the proceedings, and the holdback funds were released to the plaintiff.