24 Oct 2023
PROMINENT INVESTMENTS LIMITED v QUEST APARTMENT HOTELS (NZ) LIMITED [2023] NZHC 2968
- Citation
- [2023] NZHC 2968
- Court
- High Court
Rescission of the interim injunction was declined because a serious question remains to be tried on entitlement to renewal and whether Prominent was disentitled by breach; the balance of convenience favoured maintaining the injunction. Strike-out was refused because enforceability of the limitation clause (clause 29.3) and entitlement to renewal raise substantive legal and factual issues, including public policy and unconscionability questions in the franchise context, which cannot be resolved on a strike-out application and require full trial assessment.