6 Nov 2006
THE DUNES CAFE AND BAR LIMITED V 623 ROCKS ROAD LIMITED AND ANOR HC NEL CIV-2006-442-481
- Citation
- openlaw-13c9969b_3de1_451c_adc4_2a207426edfa.pdf
- Court
- High Court
Although the plaintiff established a serious question to be tried, the balance of convenience favoured the defendants: delay by Dunes Café in seeking interim relief, significant third‑party reliance and expenditure by Nelson Gourmet, the availability of damages and doubts about Dunes Café's financial undertaking meant that an interim mandatory injunction ordering specific performance would risk substantial injustice to defendants and the third party; accordingly the interlocutory injunction was refused.