24 Jul 2023
CHEN v GOODMORE INVESTMENTS (NEW ZEALAND) LIMITED [2023] NZHC 1942
- Citation
- [2023] NZHC 1942
- Court
- High Court
The injunction was dismissed because there was no serious question to be tried: the evidence did not establish Goodmore breached Companies Act s10 or that its Property Law Act notices were invalid; the applicants lacked standing under the AML/CFT Act; service of PLA notices was established; and the balance of convenience and overall justice favoured allowing the mortgagee sale to proceed (risk of prejudice to purchaser and defendant outweighed plaintiffs' ability to be adequately compensated). The company must be separately represented and the applicants' claims raised bona fides concerns.