20 Dec 2016
The interim mandatory injunction was declined because damages are an adequate remedy, the sites are now occupied by a third party who would suffer prejudice and has not been heard, the applicant delayed in bringing the application during a time‑sensitive season, and no special circumstances were shown to justify the high threshold required for such relief.
25 Oct 2012
The Court granted the interim injunction because the Society demonstrated a contractual entitlement affecting numerous third parties whose expectations would be prejudiced by withholding enforcement; the school principal did not oppose collection under appropriate supervision; the orders were made subject to the Society's undertaking as to damages and no neutral facilitator was required.
6 Nov 2006
Although the plaintiff established a serious question to be tried, the balance of convenience favoured the defendants: delay by Dunes Café in seeking interim relief, significant third‑party reliance and expenditure by Nelson Gourmet, the availability of damages and doubts about Dunes Café's financial undertaking meant that an interim mandatory injunction ordering specific performance would risk substantial injustice to defendants and the third party; accordingly the interlocutory injunction was refused.
6 Sept 2006
The Court discharged the Mareva injunctions as to An Ying Group Ltd, An Ying International Financial Ltd (due to liquidation), An Ying (East Auckland) Ltd and Bizlink because restraint was unnecessary or unjustified for those entities, but varied and continued the Mareva restraint limited to Wellington's ASB account (account 12-3057-0853753-01) capped at NZD 400,000 and continued restraint over any interest Wellington may have in proceeds of the Li litigation to preserve tracing remedies; decision based on finding a good arguable case and real risk of inter-company dissipation with respect to…