18 Dec 2013
LA FAMIA NO. 1 LIMITED v GAN and YU [2013] NZHC 3491
- Citation
- [2013] NZHC 3491
- Court
- High Court
Although there was a serious issue to be tried that LF1 left chattels at the premises and that some items were unaccounted for, the balance of convenience did not favor forcing Wigram to cease trading or to deliver up chattels because Wigram paid valuable consideration, there was insufficient evidence it had notice of LF1's specific claim, cessation would be disproportionate and damages or restitution at trial (and inspection to identify items) provide adequate protection.