11 Jul 2023
FLAXPOD INVESTMENTS LIMITED v GERBES [2023] NZHC 1811
- Citation
- [2023] NZHC 1811
- Court
- High Court
Because the application was urgent under r 7.53 and the evidence showed a serious question to be tried, a real risk of dissipation of sale proceeds, and that damages would be inadequate, the Court was entitled to grant an interim injunction restraining disbursement of sale proceeds except to repay the first mortgage and to require the applicant to commence substantive proceedings promptly.