Wake Up Commercial Limited v Extension Capital Limited

[2022] NZHC 3485

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-1239

[2022] NZHC 3485

BETWEEN

WAKE UP COMMERCIAL LIMITED

First Applicant

M J O’BYRNE as trustee of the KRM FAMILY TRUST

Second Applicant

AND

EXTENSION CAPITAL LIMITED

Respondent

Hearing:	17 October 2022
Appearances:	E Morrison for the applicants J Burt for the respondent
Result Judgment:	16 December 2022

RESULT JUDGMENT OF ROBINSON J

This judgment was delivered by me on 16 December 2022 at 12:00pm pursuant to Rule 11.5 of the High Court Rules

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

Solicitors:

K3 Legal, Auckland

Vince & Rice, Auckland

Counsel:
J Burt, Auckland

WAKE UP COMMERCIAL LIMITED v EXTENSION CAPITAL LIMITED [2022] NZHC 3485 [16 December 2022]

[1]                 For reasons set out in a separate judgment to be issued next week, the first and second plaintiffs’ application for an interim injunction restraining the defendant from taking steps to registered mortgage instrument 12366013.1 is dismissed.

[2]                 For the avoidance of doubt, the interim orders issued on a without notice basis by Moore J at paragraph 23 of his judgment dated 27 July 2022 are rescinded.

[3]                 The defendant wishes to be heard on costs. It may be possible for this to be dealt with on the papers. Mr Burt should file a memorandum suggesting appropriate timetable directions, by consent if possible.

Robinson J