3 Dec 2021
BIAN v ELIM PROPERTIES LTD [2021] NZHC 3302
- Citation
- [2021] NZHC 3302
- Court
- High Court
There is a serious question to be tried on the applicant's s 174 claim, but the balance of convenience strongly favours the respondents because an interim injunction would likely cause significant prejudice to the company by preventing urgent capital-raising and the court can provide effective remedial relief at trial (including buy-out or compensation), so damages are an adequate and practicable remedy; accordingly the interim injunction is refused.