3 Oct 2022
CANAAN FARMING DAIRY LTD v WESTLAND DAIRY COMPANY LTD [2022] NZHC 2524
- Citation
- [2022] NZHC 2524
- Court
- High Court
Canaan established a serious question to be tried and the balance of convenience and overall justice favoured granting an interim mandatory injunction; Westland's contractual discretions under the Suppliers' Handbook are not unfettered and, on the evidence, were not reasonably exercised in June 2022 so Westland is ordered to resume collecting Canaan's milk pending the substantive hearing, subject to Canaan's undertaking that no minors or associate partners under 18 work on its farms (with a narrow variation for a named sharemilker at Bell Hill).