27 Jul 2022
WAKE UP COMMERCIAL LIMITED & ANOR v EXTENSION CAPITAL LIMITED [2022] NZHC 1824 [27 July 2022]
- Citation
- [2022] NZHC 1824
- Court
- High Court
The interim injunction was granted because there is a serious question to be tried that the loan was oppressive and likely to have been advanced on the basis of an unfulfilled promise of a development loan, the balance of convenience favours preserving the applicants' sole family home while the substantive issues are determined, and Extension Capital would suffer limited prejudice from a stay; the injunction is conditional on an undertaking as to damages.