26 Sept 2018
CORONATION GARDENS LTD v SMALL (2005) LTD [2018] NZHC 2512
- Citation
- [2018] NZHC 2512
- Court
- High Court
Although there was a serious question to be tried about whether the sale was in good faith, the balance of convenience and overall justice favoured refusing the interlocutory injunction because Coronation Gardens was insolvent with no realistic prospect of redemption, damages were an adequate remedy, Coronation Gardens' undertaking as to damages was inadequate and the respondents' case was comparatively stronger on the affidavit material.