LIDDLE AND LIDDLE AND ORS V BANK OF NEW ZEALAND AND ANOR HC AK CIV 2009-404-6189 [2009] NZHC 1367 (2 October 2009)

IN THE HIGH COURT OF NEW ZEALAND
AUCKLAND REGISTRY
                                                                           CIV
2009-404-6189



              BETWEEN                       WESLEY JOHN LIDDLE AND ASTRID
                                     
      ANNA LIDDLE
                                            First Plaintiffs

              AND                           WESLEY
JOHN LIDDLE AS TRUSTEE
                                            OF PROPERTY TRUST
                                           
Second Plaintiff

              AND                           HARVEST TIMES LIMITED
                                            Third
Plaintiff

              AND                           CORINTHIAN HOMES LIMITED
                                            Fourth
Plaintiff

              AND                           BANK OF NEW ZEALAND
                                            First Defendant

              AND                           BARFOOT AND THOMPSON LIMITED
                                            Second Defendant


Hearing:      1 October 2009

Counsel:      E Orlov for the plaintiffs
              R J Gordon and B N White for the first defendant

Judgment:     2 October 2009 at 2.30 p.m.


                          JUDGMENT OF POTTER J
                      on application
for interim injunction



                        In accordance with r 11.5 High Court Rules
                       I direct the
Registrar to endorse this judgment
                    with a delivery time of 2.30 p.m. on 2 October 2009.



Solicitors:   Botany
Law, P O Box 260066, Howick East, Auckland 2146
              Buddle Findlay, P O Box 1433, Auckland 1140

Copy to:      E Orlov,
P O Box 8333, Symonds Street, Auckland 1150




LIDDLE AND LIDDLE AND ORS V BANK OF NEW ZEALAND AND ANOR HC AK CIV 2009-404-6189
2 October 2009

[1]    The plaintiffs' application for interim injunction and for an order preventing
the sale of the properties
listed in the appendix to the plaintiffs' application dated 22
September 2009, is dismissed.


[2]    The reasons for my judgment
will follow.