27 May 2019
HARVEY & ORS as Trustees of FIRST CREDIT UNION v NEW ZEALAND ASSOCIATION OF CREDIT UNIONS [2019] NZHC 1174
- Citation
- [2019] NZHC 1174
- Court
- High Court
The Court held there was no serious question to be tried that would justify an interlocutory injunction under ss345-348 PLA because those provisions provide post-disposition remedies (s 348) rather than authority for prospective injunctions preventing a disposition; the General Security Deed, on its face, secures indebtedness under the Transaction Documents and is unlikely, on its proper construction, to include BCNs; FCU's asserted prejudice was overstated; balance of convenience and wider public interest in the Continuity Initiative marginally favoured respondents; accordingly the interim i…