9 Apr 2014
MIDGEN ENTERPRISES LIMITED v MORGAN [2014] NZHC 704
- Citation
- [2014] NZHC 704
- Court
- High Court
There was a serious question to be tried that the defendants had converted or were unlawfully detaining stock owned by the plaintiff; the defendants' argument for an implied term permitting relocation was weak; the balance of convenience favored the plaintiff because restoration of possession to a comparable carrier would best preserve the parties' positions and avoid irreparable prejudice; accordingly a mandatory injunction should be granted permitting the plaintiff to remove the stock to Pascoe Carriers with the plaintiff bearing for now any proven difference in storage and transport costs…