15 Aug 2017
BROOK VALLEY COMMUNITY GROUP INCORPORATED v THE BROOK WAIMARAMA SANCTUARY TRUST [2017] NZHC 1947
- Citation
- [2017] NZHC 1947
- Court
- High Court
The application for a stay and interim orders was refused because the balance of convenience favored the respondents: the first respondent would suffer significant and irreparable prejudice (including estimated costs of at least $127,000) from delay, the applicant provided no undertaking as to damages and the appeal lacked seriously arguable grounds in the Judge's view; the applicant's right of appeal was not rendered nugatory because the Court of Appeal could provide substantive relief affecting future operations, and the applicable Operating Plan amendments permitted the planned drop to pro…