7 Oct 2011
CUNNINGHAM V BUTTERFIELD HC TIM CIV-2011-476-000400
- Citation
- openlaw-6911de1c_bc8a_4992_bab9_ff4fb2cfc778.pdf
- Court
- High Court
There was a serious question to be tried on key issues including interpretation of the settlement clause and responsibility for the boundary fence and whether the April incidents constituted breach; balancing the risk of injustice favoured maintaining the status quo and granting an interim injunction protecting Cunningham's occupation of Station Trophy Block, subject to strict conditions requiring removal of all Cunningham stock from Mt Cook Station (other than Station Trophy Block) by 4 November 2011 and a specified notice-and-48-hour removal procedure after that date, with trustees permitte…