28 Oct 2016
WESTERN WORK BOATS LTD & ANOR v KELLY & ANOR [2016] NZHC 2577
- Citation
- [2016] NZHC 2577
- Court
- High Court
There was a serious question to be tried, but on balance of convenience and overall justice the court refused an interim injunction enforcing the restraint of trade because that would alter the parties' interim legal positions and damages were an adequate remedy; the court granted a limited interim injunction restraining disposal of Lot 4 to preserve a source of substantive relief pending trial, with leave to apply for variation or removal if circumstances change.
- Restraint of trade
- Interim injunction
- Breach of fiduciary duty
- Sale of business
- Proprietary relief over land (lot 4)