3 May 2021
HARBOUR CITY SECURITY LIMITED v ALLIED SECURITY LIMITED [2021] NZHC 952
- Citation
- [2021] NZHC 952
- Court
- High Court
The rescission application was dismissed because the defendants failed to show a required causal linkage between the plaintiff's technical inaccuracies and the grant of the injunction; the decisive evidence was numerous recent client demand letters directing return of keys to Harbour City, the defendants offered no contemporaneous contracts proving a right to withhold those keys, and they unjustifiably delayed seeking relief under r 7.49; accordingly the order was not improperly obtained under r 7.51 and discretion to rescind was not exercised.