11 May 2018
BARTERCARD NEW ZEALAND LP LTD v LUNN & ANOR [2018] NZHC 1029
- Citation
- [2018] NZHC 1029
- Court
- High Court
The interim application for injunctive relief was declined because, although Bartercard raised a serious arguable case on lease interpretation and on potential breaches of quiet enjoyment/derogation from the grant, the balance of convenience favoured the landlord: damages were potentially an adequate remedy for Bartercard, the landlord would suffer disproportionate and potentially catastrophic commercial loss if works and the Sarin deal were stopped, and the landlord had not acted oppressively such as to disentitle it to assert monetary compensation.