Ernst & Young Nominees v Kiwi Property Holdings Ltd (No 2) - [2003] 3 NZLR 103

Property law — Lease — Preemptive right to name building — Whether grant of naming right entitled lessee to erect prominent signs at top or near top of tower block — Whether lessee had to contract separately for those rights — Whether grant of right to erect prominent sign at top of tower to third party amounted to naming right — Derogation from grant of right of first refusal — Whether declaration that lessee entitled to naming rights appropriate where preemptive rights not triggered.

Injunction — Permanent injunction — Whether factors in favour of granting injunction outweighed possible consequences to lessor from breach of contract with third party — Whether damages an adequate remedy.