22 Jul 2014
WAIHOPAI VALLEY VINEYARD LTD v SAVVY VINEYARDS 3550 LTD [2014] NZHC 1708
- Citation
- [2014] NZHC 1708
- Court
- High Court
The application for mandatory interim injunctions was declined because, although serious questions to be tried existed including contractual construction and alleged fiduciary breach, the balance of convenience favoured Waihopai: the vineyard owner retained possession and had arranged alternative management, there was real hostility between the parties, Savvy's case was not so strong that reinstatement was likely to be upheld at trial, and Savvy's undertaking in damages was undermined by insolvency concerns regarding its principals; mandatory relief requiring re-entry and management would be…