SUPERTHRILLER JET SPRINT LIMITED v COGGAN [2019] NZHC 494

SUPERTHRILLER JET SPRINT LIMITED v COGGAN [2019] NZHC 494

The Court held the plaintiff had an arguable case in conversion, the balance of convenience and overall justice favoured granting a mandatory interim injunction, and accordingly ordered immediate surrender of identified company property and restrained the defendant from interfering with that property, with costs reserved and an undertaking as to damages accepted.

Citation
[2019] NZHC 494
Parties
Plaintiff/applicant: Superthriller Jet Sprint Limited; Defendant/respondent: Mark Reginald Coggan
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 March 2019
Procedural Posture
Civil Proceeding Interlocutory Application for Mandatory Injunction in Proceedings for Conversion and Misrepresentation / Interim Interlocutory Hearing Determined on the Papers (without Notice Application Initially)
Outcome
Interim mandatory injunction granted; defendant ordered to surrender company property and restrained from destroying, using, copying or otherwise interfering with it; costs reserved
Legal Topics
Conversion, Misrepresentation, Mandatory Injunction, Property Rights, Balance of Convenience, Undertaking as to Damages, Costs
Tort Conversion Equity Interim Injunction Contract / Misrepresentation Company / Shareholder Dispute Conversion Misrepresentation Mandatory Injunction Property Rights +3 more

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Parties

Superthriller Jet Sprint Limited

Plaintiff/applicant

Mark Reginald Coggan

Defendant/respondent

Procedural Posture

Civil Proceeding Interlocutory Application for Mandatory Injunction in Proceedings for Conversion and Misrepresentation / Interim Interlocutory Hearing Determined on the Papers (without Notice Application Initially)

Legal Issues

  1. 1 Whether plaintiff has a right to immediate possession of the property alleged to be converted
  2. 2 Whether the elements of the tort of conversion are made out on an arguable basis
  3. 3 Whether a mandatory interim injunction should issue: serious question to be tried, balance of convenience and overall justice

Ratio Decidendi

The Court held the plaintiff had an arguable case in conversion, the balance of convenience and overall justice favoured granting a mandatory interim injunction, and accordingly ordered immediate surrender of identified company property and restrained the defendant from interfering with that property, with costs reserved and an undertaking as to damages accepted.

Court Disposition

Interim mandatory injunction granted; defendant ordered to surrender company property and restrained from destroying, using, copying or otherwise interfering with it; costs reserved

Orders

  • Defendant Mark Reginald Coggan shall surrender to Superthriller Jet Sprint Limited's director immediately upon demand all property belonging to Superthriller or its director that is currently in his possession, power or control, including but not limited to: all plans, dies, moulds and casts and other designs...
  • Defendant shall not destroy, use, copy, transmit, transfer, alter, delete or deface any of the property referred to in the surrender order prior to its delivery to the plaintiff