26 Feb 2016
CITY BROKERS BEASLEY LIMITED v MARSH LIMITED [2016] NZHC 282
- Citation
- [2016] NZHC 282
- Court
- High Court
The interim mandatory injunction was refused because City Brokers failed to establish a serious question to be tried as to ownership of the clients under the 2004 agreement given equivocal evidence and unresolved factual disputes about client origination; the balance of convenience favoured Marsh because damages were an adequate remedy (quantified and payable) and Marsh offered alternatives to release files; delay and the risk that the interlocutory order would effectively determine the substantive dispute made injunctions unjustified.