16 Aug 2022
RUBY & RATA LTD v REED [2022] NZHC 2025
- Citation
- (2022) 23 NZCPR 463
- Court
- High Court
The Court found a serious question to be tried that the grantee may be entitled to establish an additional access point and to gravel/pave access from the sealed driveway, but declined to grant the interim injunction because the balance of convenience and overall justice require determination at a substantive hearing given limited evidence and factual complexity (including subdivision issues); the trespass notices were amended and the parties were encouraged to agree an interim position or proceed to an expedited substantive hearing.