27 Apr 2016
ALARM NEW ZEALAND LTD v 15 HOPETOUN LIMITED [2016] NZHC 813
- Citation
- [2016] NZHC 813
- Court
- High Court
There is a serious question to be tried as to whether Alarm NZ holds rights under the lease (or by substitution) in carparks 73–76 and whether transfer would amount to trespass or breach of lease; however, on balance of convenience and having found damages would be an adequate remedy and having given weight to the legitimate interests of the innocent 2B purchaser and her mortgagee, the interim injunction was denied for carparks 73 and 74 but granted for carparks 75 and 76, with costs reserved.