27 Jun 2016
SALE 33 LTD v M D DESIGNER INTERNATIONAL LTD [2016] NZCA 286
- Citation
- [2016] NZCA 286
- Court
- Court of Appeal
The appeal is dismissed because the High Court properly declined interim injunctive relief: key factual issues (residential v commercial use and tribunal jurisdiction) could not be resolved on the interlocutory record, there was insufficient evidence of continuing or prospective significant damage, the lease was due to expire shortly making an injunction disproportionate, and damages were an adequate remedy.