30 Mar 2023
DRESS CIRCLE APARTMENTS LTD v BODY CORPORATE 498674 [2023] NZHC 674
- Citation
- [2023] NZHC 674
- Court
- High Court
DCAL failed to establish a serious issue to be tried because the alleged variation of the commencement date was not effected in the manner required by the Agreement (no signed written variation under cl 9.9), the ostensible authority argument was weak on the facts, damages would be an adequate remedy, and DCAL's undertaking as to damages was inadequate; accordingly the interim injunction was declined.