23 Nov 2018
OHA HONEY LTD PARTNERSHIP v KŌHITI LTD [2018] NZHC 3068
- Citation
- [2018] NZHC 3068
- Court
- High Court
On proper interpretation the Agreement gave the plaintiff the contractual authority to determine the number of hives up to 2,500 so as to maximise production; the defendant's immediate termination was a breach of that contract, the plaintiff demonstrated a strong arguable case and inability to relocate the hives meaning damages were not an adequate remedy, and on balance of convenience enforcement of the contract best protected the parties' interests; accordingly an interlocutory injunction was granted requiring access to place and tend the hives.