20 Oct 2017
FM CUSTODIANS LIMITED v HANNAN [2017] NZHC 2578
- Citation
- [2017] NZHC 2578
- Court
- High Court
There was no serious question to be tried that would justify an interim injunction because the remedy sought against the receiver and creditor is one in damages, the companies (not the bankrupt) own the property and the receiver is entitled and obliged to realise those assets to reduce debt; the balance of convenience favoured completing the sale of 7A Waiu Street and overall justice did not require granting injunctive relief.