12 Jul 2016
DOMET INVESTMENTS LIMITED v ZONE LAW LIMITED [2016] NZHC 1584
- Citation
- [2016] NZHC 1584
- Court
- High Court
The plaintiff failed the first limb of the interlocutory injunction test for a mandatory, dispositive order: it was not highly probable that the detailed implied access terms it sought would be upheld at trial. While access in general might be arguable, the specific mandatory terms proposed did not ‘go without saying’ at lease formation and thus did not justify dispositive interim mandatory relief; consequently balance of convenience did not support making final-effect orders now.