16 Dec 2014
GPL LIMITED v DEMPSTER [2014] NZHC 3263
- Citation
- [2014] NZHC 3263
- Court
- High Court
The Court found there was a serious question to be tried on whether the March 2007 document was a binding lease including a right of first refusal and whether that right survived to 2014; given GPL's long possession and payment of rent, the equivocal conduct of the Dempsters (including covert sale dealings and suppression of information), and the risk of irremediable loss to GPL, the balance of convenience and overall justice favoured granting interim mandatory possession and prohibitory orders subject to conditions (security, rent payments and undertaking as to damages).