12 Feb 2019
OUTDOOR ACTION & ADVENTURE LIMITED v THE NEW ZEALAND TRANSPORT AGENCY [2019] NZHC 123
- Citation
- [2019] NZHC 123
- Court
- High Court
There was a serious question to be tried that proposed NZTA roadworks on Crown‑vested roads adjacent to the leased premises could breach the covenant of quiet enjoyment, but interim injunctive relief was refused because the balance of convenience favoured allowing the works (timing and public interest), damages were an adequate remedy given the short remaining lease term, and injunctive relief against the Crown is constrained by s17 Crown Proceedings Act with the additional complication that injuncting NZTA would effectively injunct the Crown.