28 Jul 2014
ZORB LIMITED v AKERS & ORS [2014] NZHC 1756
- Citation
- [2014] NZCCLR35
- Court
- High Court
The Court found the OGO website statements were false, published in the course of trade, made with malice or recklessness and with intent to cause pecuniary loss; accordingly the tort of malicious falsehood was established and the same conduct amounted to misleading or deceptive conduct in breach of s 9 FTA; the Court granted a declaration of falsity and a permanent injunction under s 41 and awarded costs to the plaintiff on a scale 2B.