LI v LUAN [2019] NZHC 3267

LI v LUAN [2019] NZHC 3267

On the material before the Court there is a serious question to be tried and, for the short period until a substantive hearing, the balance of convenience and overall justice favour preserving the status quo; accordingly an interim injunction preventing sale, mortgage, encumbrance or transfer of 888 Colombo Street...

Source-derived case information.

Citation
[2019] NZHC 3267
Parties
First Applicant: Hongtao Li; Second Applicant: James Martin; Third Applicant: Canterbury Rywm Holdings Limited; First Respondent: Xiaodi Luan; Second Respondent: Crusaders Building Development Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 December 2019
Procedural Posture
Civil Interlocutory Application for Interim Injunction / Interim Injunction Hearing (telephone Conference); Interim Injunction Granted; Substantive Hearing to Be Set
Outcome
Interim injunction granted
Legal Topics
Interim Injunction, Director's Duties, Shareholder Dispute, Mortgage/encumbrance, Preservation of Status Quo
Company Law Civil Procedure Equity Property Law Interim Injunction Director's Duties Shareholder Dispute Mortgage/encumbrance +1 more

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Parties

Hongtao Li

First Applicant

James Martin

Second Applicant

Canterbury Rywm Holdings Limited

Third Applicant

Xiaodi Luan

First Respondent

Crusaders Building Development Limited

Second Respondent

Procedural Posture

Civil Interlocutory Application for Interim Injunction / Interim Injunction Hearing (telephone Conference); Interim Injunction Granted; Substantive Hearing to Be Set

Legal Issues

  1. 1 Whether there is a serious question to be tried
  2. 2 Whether the balance of convenience favours granting an interim injunction to preserve the property
  3. 3 Whether applicants have given an adequate undertaking as to damages

Ratio Decidendi

On the material before the Court there is a serious question to be tried and, for the short period until a substantive hearing, the balance of convenience and overall justice favour preserving the status quo; accordingly an interim injunction preventing sale, mortgage, encumbrance or transfer of 888 Colombo Street was granted until the substantive hearing or further order, on undertakings as to damages.

Court Disposition

Interim injunction granted

Orders

  • First and second respondents are restrained from selling, mortgaging, encumbering or otherwise transferring the property at 888 Colombo Street, Christchurch (Section 1 Survey Office Plan 17510) without further order of the Court.
  • The interim order remains in force until the substantive hearing of the applicants' application or until further order of the Court.