18 Dec 2023
REPOTANE TRUST LIMITED v HART [2023] NZHC 1754
- Citation
- [2023] NZHC 1754
- Court
- High Court
The application for an interlocutory injunction was declined. The Court found there is a serious question to be tried on enforcement of the restrictive covenant but, on balance of convenience and overall justice, halting construction would impose disproportionate and concrete prejudice on third parties (builders, subcontractors and family) and the likely remedy if Repotane succeeds (removal or other enforced remedy under the covenant) means the prejudice to Repotane would likely be temporary; therefore an interlocutory injunction was not appropriate and the matter was given priority for a thr…