5 Jul 2019
BRADFIELD v ATTORNEY-GENERAL [2019] NZHC 1570
- Citation
- [2019] NZHC 1570
- Court
- High Court
The interim preservation orders were refused because, although the applicant showed a modest necessity to preserve his position, the balance of convenience and overall justice weighed against relief: the merits were not strong or clear, delay in bringing proceedings, availability of alternative forum and remedies, the Navy's assurance to re-engage and back-pay if unlawfulness is later found, and risk of unrecoverable payments all militated against interim orders; the third defendant (delegate) was removed as unnecessary.