11 Oct 2019
MCLAUGHLIN v MCLAUGHLIN [2019] NZHC 2597
- Citation
- [2019] NZFLR 299
- Court
- High Court
The Court declined the interim injunction. Although there is a serious question to be tried about alleged breaches of trust and conflicts, the balance of convenience favoured the trustees because stopping Stage 1 would materially harm the trust (cashflow, employees, reputation and ultimate value), the potential fettering of an incoming trustee was overstated given timeframes, some harms are remediable by damages or account of profits, and overall justice did not require injunctive relief.