New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Enforceability of restraint

Legal area

Court

19 Dec 2013

SPICERS PORTFOLIO MANAGEMENT LIMITED v CUNNINGHAM FINANCIAL SERVICES LIMITED [2013] NZHC 3523

Citation

[2013] NZHC 3523
Court

High Court

There is a serious question to be tried on the enforceability and alleged breach of the non-trading limb of clause 10.1; preservation of the status quo better protects Spicers' interests pending trial; accordingly an interim injunction restrained defendants from soliciting or trading on behalf of Spicers' clients, limited in duration to the six month period in clause 10.1, should be granted.
16 Mar 2009

PLAN B WEALTH MANAGEMENT V FOWLER AND ANOR HC AK CIV 2008-404-7521

Citation

openlaw-ea37a54d_eec7_4f8c_bc7d_58108c64b6f9.pdf
Court

High Court

Documents generated by the plaintiff and its parent in the lead-up to the August 2006 agreement that relate to the need for, duration of, or terms of clause 1(q) are relevant and discoverable; however wide-ranging discovery (precedent materials, internal negotiation strategy beyond clause 1(q), and documents relating to unrelated Rutherford Rede/Don Low transactions) is not appropriate and is refused; limited affidavits complying with High Court Rules were ordered instead.