23 Feb 2011
FULLERS BAY OF ISLANDS LIMITED V OTEHEI BAY HOLDINGS LIMITED HC AK CIV-2009-404-007207
- Citation
- openlaw-d6ec23ae_6c06_4180_91f0_187a6b8d18bd.pdf
- Court
- High Court
The application was declined because r 12 interim relief must protect issues on appeal and have a direct connection to the proceedings; Fullers sought unpleaded, new mandatory relief unrelated to the appeals, which would alter the status quo and impose an ongoing commercial obligation subject to supervision; damages were an adequate alternative and the balance of convenience did not favour interim relief.