E-BLENDED LEARNING SOLUTIONS LTD V DEVANEY HC NWP CIV 2012-443-461

E-BLENDED LEARNING SOLUTIONS LTD V DEVANEY HC NWP CIV 2012-443-461

Although E-Blended satisfied the first three limbs of r 33.3 (strong prima facie case, risk of serious loss, respondents in possession of relevant material), the Court was not satisfied there was a 'real possibility' the respondents would destroy or make the material unavailable; accordingly a search order was...

Source-derived case information.

Citation
openlaw-1dcac94f_823c_4353_bdd5_fae8b1374d0f.pdf
Parties
Applicant: E-Blended Learning Solutions Ltd; First Respondent: Alexander Peter St John Devaney; Second Respondent: Agata Malgorzata Oleksiak; Third Respondent: Creative Leap Ltd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 September 2012
Procedural Posture
Application for Search Order and Interlocutory Injunction (civil) / Interim Hearing and Judgment; Search Order Refused; Interlocutory Injunctive Relief Granted
Outcome
Search order refused; interlocutory injunctive relief granted restraining use of confidential information, prohibiting contact with specified clients, prohibiting destruction or making unavailable of evidential material; costs reserved; procedural timetabling orders made.
Legal Topics
Search Order (high Court Rules R 33.3), Breach of Confidence, Restraint on Use of Confidential Information, Client Solicitation, Prohibition on Destruction of Evidence, Undertakings as to Damages, Procedural Timetabling
Equity (breach of Confidence) Civil Procedure (search Orders, Interim Injunctions) Employment Law Intellectual Property Contempt of Court Search Order (high Court Rules R 33.3) Breach of Confidence Restraint on Use of Confidential Information +4 more

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Parties

E-Blended Learning Solutions Ltd

Applicant

Alexander Peter St John Devaney

First Respondent

Agata Malgorzata Oleksiak

Second Respondent

Creative Leap Ltd

Third Respondent

Procedural Posture

Application for Search Order and Interlocutory Injunction (civil) / Interim Hearing and Judgment; Search Order Refused; Interlocutory Injunctive Relief Granted

Legal Issues

  1. 1 Whether the prerequisites under High Court Rules r 33.3 for a search order are satisfied (strong prima facie case, serious potential loss, respondents possess relevant material, real possibility of destruction or making material unavailable)
  2. 2 Whether a search order should be granted or alternative interim relief imposed
  3. 3 Whether the Court has jurisdiction given respondents' former employee status

Ratio Decidendi

Although E-Blended satisfied the first three limbs of r 33.3 (strong prima facie case, risk of serious loss, respondents in possession of relevant material), the Court was not satisfied there was a 'real possibility' the respondents would destroy or make the material unavailable; accordingly a search order was refused but tailored interim injunctions were granted restraining use of confidential information, forbidding contact with clients and prohibiting destruction of evidence, supported by undertakings as to damages.

Court Disposition

Search order refused; interlocutory injunctive relief granted restraining use of confidential information, prohibiting contact with specified clients, prohibiting destruction or making unavailable of evidential material; costs reserved; procedural timetabling orders made.

Orders

  • Refusal of search order
  • Defendants (Mr Devaney, Ms Oleksiak and Creative Leap Ltd) restrained from using any documents or confidential information of E-Blended as described in paras 1.3.1–1.3.9 of the sealed draft order