17 Apr 2019
BI v WESTCOAST MINING LIMITED [2019] NZHC 860
- Citation
- [2019] NZHC 860
- Court
- High Court
Plaintiff has an arguable s174 claim (grounds for relief) but interim relief should not be continued because the ultimate remedy is financial and the requested interim restraints (particularly halting mining operations) would cause disproportionate harm to defendants and third parties; the court can fashion effective remedies at trial to address any prejudice from share issuance, so the interim orders are discharged.