30 Nov 2023
REED ROADING LTD v HIGGINS CONTRACTORS LTD [2023] NZHC 3463
- Citation
- [2023] NZHC 3463
- Court
- High Court
The Court declined the mandatory interim injunction because on available evidence Higgins reasonably believed Reed would not be able to perform the Wind Farm works in compliance with the client's requirements (including health and safety) given prior performance and a serious site incident, Reed lacked a real prospect of obtaining specific performance, and the balance of convenience and overall justice favoured Higgins given client and third party risks and the impracticability of forcing co-operation between parties whose relationship had irretrievably broken down.