ADVANCE DEVELOPMENTS LTD V NORTH COAST PROPERTIES LTD AND ORS HC WHA CIV-2007-488-000544

ADVANCE DEVELOPMENTS LTD V NORTH COAST PROPERTIES LTD AND ORS HC WHA CIV-2007-488-000544

The court exercised its discretion to adjourn the interim mandatory injunction application because the plaintiff sought adjournment after a material change in expert evidence creating agreed points that required time to assess, the interlocutory hearing was unsuitable to resolve remaining expert conflicts without cross-examination, and there was no practical purpose in hearing the interim application now given the plaintiff could seek the same mandatory relief at the substantive hearing; costs were to be addressed on the papers with directed memoranda.

Citation
openlaw-e450c7d0_9745_4008_9d3e_5f5b95ff616f.pdf
Parties
Plaintiff: Advance Developments Limited; First Defendant: North Coast Properties Limited; Second Defendant: JPJ Property Group Limited; Third Defendant: Whangarei District Council
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 February 2008
Procedural Posture
Interim Mandatory Injunction Application (property Law) / Interlocutory Application Hearing (adjourned)
Outcome
Interim injunction application adjourned; costs reserved with directions for memoranda.
Legal Topics
Interim Mandatory Injunction, Adjournment, Costs
Property Law Civil Procedure Equity (injunctions) Interim Mandatory Injunction Adjournment Costs

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Parties

Advance Developments Limited

Plaintiff

North Coast Properties Limited

First Defendant

JPJ Property Group Limited

Second Defendant

Whangarei District Council

Third Defendant

Procedural Posture

Interim Mandatory Injunction Application (property Law) / Interlocutory Application Hearing (adjourned)

Legal Issues

  1. 1 Whether to adjourn opposed application for an interim mandatory injunction
  2. 2 Appropriate costs award for the adjournment

Ratio Decidendi

The court exercised its discretion to adjourn the interim mandatory injunction application because the plaintiff sought adjournment after a material change in expert evidence creating agreed points that required time to assess, the interlocutory hearing was unsuitable to resolve remaining expert conflicts without cross-examination, and there was no practical purpose in hearing the interim application now given the plaintiff could seek the same mandatory relief at the substantive hearing; costs were to be addressed on the papers with directed memoranda.

Court Disposition

Interim injunction application adjourned; costs reserved with directions for memoranda.

Orders

  • Interim injunction application adjourned to a date to be set.
  • First defendant may file a memorandum on costs within 10 days from today.