15 Feb 2022
LI & ORS v GREEN LAND & ORS [2022] NZHC 187
- Citation
- [2022] NZHC 187
- Court
- High Court
Because the plaintiffs made no claim to any legal or beneficial interest in the specified unclaimed lots there was no serious question to be tried in respect of those lots; speculative risk of future illegality by the third defendant was insufficient to sustain the injunction over those lots; accordingly the Court varied the interim injunction to permit registration of the specified mortgage transfer and to exclude the unclaimed lots from the injunction, while directing a separate, evidence-based hearing on security for the plaintiffs' undertaking as to damages.