201 Limited v Body Corporate 329331

[2018] NZHC 976

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-000223

[2018] NZHC 976

BETWEEN

201 LIMITED

First Plaintiff

202 LIMITED
Second Plaintiff

302 LIMITED
Third Plaintiff

307 LIMITED
Fourth Plaintiff

AND

BODY CORPORATE 329331

Defendant

Hearing:

17 April 2018

Appearances:

D G Hurd for the Plaintiffs

D Bigio QC and T Rainey for the Defendant

Judgment:

8 May 2018

RESULTS JUDGMENT OF HINTON J

This judgment was delivered by me on 8 May 2018 at 9.30 am pursuant to Rule 11.5 of the High Court Rules

…………………………………………………………………… Registrar/Deputy Registrar

Counsel/Solicitors:

David Bigio, Queens Counsel, Auckland David Hurd, Barrister, Auckland

Richard Allen Law Ltd, Ponsonby Rainey Law, Auckland

201 LIMITED v BODY CORPORATE 329331 [2018] NZHC 976 [8 May 2018]

[1]                 The plaintiffs seek an interim injunction restraining the defendant body corporate from taking any step to effect repairs to the Ridge apartment complex in College Hill, including entering into any contract for carrying out the proposed repairs.

[2]                 The application for an injunction is dismissed. The plaintiffs have not demonstrated an arguable case. The balance of convenience lies in favour of the defendant and declining injunctive relief is consistent with the overall interests of justice.

[3]A reasons judgment will follow shortly.

[4]Costs are reserved and will be timetabled as part of the reasons judgment.

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Hinton J