Weigh New Zealand Limited v Eastland Port Limited HC GIS CIV 2008-416-000055

[2008] NZHC 2294

IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY

CIV 2008-416-000055

BETWEEN  WEIGH NEW ZEALAND LIMITED Plaintiff

ANDEASTLAND PORT LIMITED Defendant

Hearing:         30 April 2008

Counsel:         A Galbraith QC/N Woods for plaintiff

D Alderslade/J Graham for defendant

Judgment:      30 April 2008 at 10.30am

ORAL JUDGMENT OF WYLIE J

Solicitors:

Rice Craig, PO Box 72440, Papakura for plaintiff

Chapman Tripp, PO Box 2206, Auckland for defendant

WEIGH NEW ZEALAND LIMITED V EASTLAND PORT LIMITED HC GIS CIV 2008-416-000055  30

April 2008

[1]     The plaintiff, Weigh New Zealand Limited, seeks an interim injunction precluding the defendant, Eastland Port Limited, derogating from a Deed of Lease dated 31 August 1997 and executed on 16 October 1997, and restraining Eastland from directly or indirectly installing, operating or running a weighbridge on land owned by it.   It also seeks that Eastland should be restrained from blocking or impeding access to a road known as The Esplanade situated adjacent to Gisborne Port, or from blocking access to and from land leased by Weigh New  Zealand Limited.

[2]      The proceedings were filed in Gisborne on 19 March 2008.      They were served on Eastland on 20 March 2008, and came before Lang J on 26 March 2008. At that stage Eastland had had no opportunity to respond to the evidence adduced by Weigh New Zealand.      Lang J in an oral judgment dated 26 March 2008 made interim orders restraining Eastland from continuing with the installation of a partly constructed weighbridge on Port land and from blocking access to The Esplanade, or to the land currently leased by Weigh New Zealand.   He also made orders designed to ensure that the application for interim injunction could be heard promptly.

[3]      That application has been called today.   The parties have reached agreement and request that the Court should alter the terms of the interim injunction to reflect that agreement.   At this stage the parties do not require a fixture.

[4]      By consent I amend the terms of the interim injunction made by Lang J. The injunction now reads as follows:

a)       Until  further  order  of  the  Court  Eastland  Port  Limited  shall  not operate a weighbridge in the Gisborne Port area in competition with the existing weighbridge situated in The Esplanade;

b)Until  further  order  of  the  Court  Eastland  Port  Limited  shall  not, directly or indirectly by its agents, employees or otherwise, block, obstruct or impede by the creation of a batter or however, the road named The Esplanade situated adjacent to Gisborne Port or access to and from the land currently leased by Weigh New Zealand.

[5]      These are interim orders pending any further order of the Court.     The proceedings are to remain extant but no timetabling is necessary.    There are still some issues to be worked through but the parties anticipate that it will shortly be possible to discontinue the proceedings.

[6]      Costs are reserved.

Wylie J