11 Nov 2013
CHOI v HONG [2013] NZHC 2973
- Citation
- [2013] NZHC 2973
- Court
- High Court
The Court found the plaintiff established a serious issue to be tried based on the 10 August 2012 agreement which obliged retransfers of shares where no S&P was signed or settled by the specified dates; the balance of convenience favoured the plaintiff because the defendant was overseas and unlikely to satisfy a future judgment while the plaintiff had purchased the first mortgage (in excess of $600,000) providing substantial security, so an interim injunction preventing the defendant dealing with the shares and property was necessary to preserve the plaintiff's position.