1 Sept 2015
STARLING v BAILEY AND ANOR [2015] NZHC 2108
- Citation
- [2015] NZHC 2108
- Court
- High Court
There is a serious issue to be tried about entitlement to the sale proceeds, but the mandatory interim injunction was declined because the balance of convenience and interests of justice did not favour interim relief: the MSFT trustees had not resolved to purchase the Millhill property (the plaintiff acted in his personal capacity), the trust would not necessarily suffer irreparable loss, damages were an adequate remedy, and the plaintiff's personal conduct and failure to seek alternative finance weighed against granting mandatory relief; accordingly the interim distribution order was refused.