21 Oct 2022
PARK LANE BUILDS LIMITED v PARKLANE INFRASTRUCT LIMITED [2022] NZHC 2743
- Citation
- [2022] NZHC 2743
- Court
- High Court
Although an arguable breach of cl 38.1 existed, the interim injunction was discharged because Park Lane failed to establish irreparable or non-quantifiable loss that could not be adequately compensated by damages; the balance of convenience and overall justice (by a small margin) favored defendant due to prejudice to prospective purchasers and completion of sale, and the strikeout application was dismissed because the plaintiff's claim was not so untenable that it could not possibly succeed.