21 Apr 2016
MANSFIELD v BILKEY & Ors [2016] NZHC 752
- Citation
- [2016] NZHC 752
- Court
- High Court
Although the plaintiff established an arguable case based on historical deeds and survey evidence, the balance of convenience and overall justice required refusal of the interim injunction because damages would be an adequate remedy for the limited interlocutory period, the defendants have an arguable defence supported by long usage and the physical situation, the injunction would cause greater overall disruption and practical enforcement difficulties, and trial could be heard in the near term.