19 Aug 2020
McDONALD v TOKO [2020] NZHC 2104
- Citation
- [2020] NZHC 2104
- Court
- High Court
The balance of convenience favoured granting a limited interlocutory injunction because the applicant faced a real risk of irreversible prejudice (loss of home and equity through a likely under‑value mortgagee sale) and had nowhere else to relocate, whereas the mortgagee's prejudice from a one‑month postponement and additional costs was limited and manageable; accordingly sale was restrained until 22 September 2020 subject to conditions and cooperation and preservation of net proceeds pending resolution.