25 Mar 2019
LAKEWOOD PLAZA LIMITED PARTNERSHIP v KINARA TRUSTEE LIMITED [2019] NZHC 552
- Citation
- [2019] NZHC 552
- Court
- High Court
Leave to appeal was refused because the alleged error of law was weak and contrary to settled authority that user damages are assessed by reference to the value of the right via hypothetical negotiation; the arbitrator did not err in focusing on the benefit to the infringing party and the discretionary factors for granting leave were not satisfied.