21 Nov 2008
TE RAPA OUTLET CENTRE LIMITED V THE BASE TE RAPA LIMITED HC HAM CIV 2008-419-001428
- Citation
- openlaw-d0351174_6a51_43f4_adc2_68a3016c2dfa.pdf
- Court
- High Court
Although there is a serious question to be tried on interpretation of clause 2.8 and the expert evidence, the balance of convenience and risk of injustice (including likely significant loss to the defendant, the Mall project, anchor tenant and third parties) outweigh the plaintiff's risk; damages would likely be adequate for the plaintiff while may be inadequate for the defendant, therefore the interim injunction was refused.