18 Dec 2020
PEARCE & WILLIAMS v MAKAKAHO LAND COMPANY LIMITED [2020] NZHC 3464
- Citation
- [2020] NZHC 3464
- Court
- High Court
Although there is a serious question to be tried regarding historic access, the interim injunction was refused because the balance of convenience did not favour the applicants: applicants did not demonstrate that damages would be an inadequate remedy or that respondents could not pay damages, applicants had delayed enforcing rights, the status quo was unclear, respondents had offered limited concessions and applicants had an alternative (helicopter) means of access; overall justice did not support interim relief.