27 Nov 2008
FALUN DAFA ASSOC OF NZ INC V AUCKLAND CHILDREN'S CHRISTMAS PARADE TRUST BOARD HC AK CIV 2008-404-007714
- Citation
- openlaw-121743ea_f798_42f6_89a6_0d77ece4c38d.pdf
- Court
- High Court
The Court refused interim mandatory relief because the plaintiff lacked the high degree of confidence required to grant substantive relief at interlocutory stage; the Trust Board's decision to exclude the plaintiff was an exercise of its wide discretion under the trust deed and the case for treating the Board as performing a public function under NZBORA s3(b) was weak, leaving only an arguable but not substantial prospect of success on the merits; accordingly interim injunction was refused and costs reserved.