DAJI V HUB REALTY LIMITED & ORS HC AK CIV 2012-404-005075

DAJI V HUB REALTY LIMITED & ORS HC AK CIV 2012-404-005075

The Court concluded the plaintiff demonstrated a strong case that clause 7.0(h) of the BVA entitled her to the listings and sales introduced to the business by NZIRL and that the balance of convenience and justice favored an interim mandatory injunction compelling the first and second defendants to release those listings and sales (except those already released) within five working days; the application for access to Harcourts' H1 database was declined because Harcourts was not contractually bound by the BVA and inducement to breach had not been established.

Citation
openlaw-c0300556_2589_40cc_b04a_48791ff0bfd1.pdf
Parties
Plaintiff: Sangeeta Daji; First Defendant: Hub Realty Limited; Second Defendant: John William Redward; Third Defendant: Harcourts Group Limited; Fourth Defendant: James Lee
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 November 2012
Procedural Posture
Civil Contractual Dispute and Interim Injunction Application / Interim Application (interlocutory/oral) Judgment)
Outcome
Interim mandatory injunction granted against first and second defendants to release listings; application against third defendant declined; costs awarded on 2B basis with adjustments.
Legal Topics
Interim Injunctions, Mandatory Interlocutory Relief, Breach of Contract, Inducement to Breach, Transfer of Listings, Access to Proprietary Database
Contract Equity Real Estate Civil Procedure Agency/franchise Law Interim Injunctions Mandatory Interlocutory Relief Breach of Contract +3 more

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Parties

Sangeeta Daji

Plaintiff

Hub Realty Limited

First Defendant

John William Redward

Second Defendant

Harcourts Group Limited

Third Defendant

James Lee

Fourth Defendant

Procedural Posture

Civil Contractual Dispute and Interim Injunction Application / Interim Application (interlocutory/oral) Judgment)

Legal Issues

  1. 1 Whether clause 7.0(h) of the BVA required release of all listings and sales brought to the business by NZIRL to the parties who introduced them
  2. 2 Whether the plaintiff is entitled to interim mandatory relief requiring release of listings
  3. 3 Whether Harcourts can be ordered to provide access to its H1 database or is liable for inducing breach of contract

Ratio Decidendi

The Court concluded the plaintiff demonstrated a strong case that clause 7.0(h) of the BVA entitled her to the listings and sales introduced to the business by NZIRL and that the balance of convenience and justice favored an interim mandatory injunction compelling the first and second defendants to release those listings and sales (except those already released) within five working days; the application for access to Harcourts' H1 database was declined because Harcourts was not contractually bound by the BVA and inducement to breach had not been established.

Court Disposition

Interim mandatory injunction granted against first and second defendants to release listings; application against third defendant declined; costs awarded on 2B basis with adjustments.

Orders

  • Interim injunction requiring first and second defendants to release to the plaintiff all listings and sales introduced to the business arrangement from NZIRL on or about 15 June 2012, except those already disclosed, within five working days of judgment
  • Application for interim access to Harcourts' H1 database by third defendant declined