26 Nov 2021
ON-LINE DIGITAL SOLUTIONS LIMITED v RIDDICK [2021] NZHC 3199
- Citation
- [2021] NZHC 3199
- Court
- High Court
The application for an interim injunction was dismissed because, although there is a serious question to be tried, the interlocutory evidence favours the defendant's estoppel/merits defence, the plaintiff unreasonably delayed nearly nine months before suing and thereby changed the status quo, and it is inappropriate at interlocutory stage to exercise s 83 CCLA to remake an unreasonably broad restraint; on balance of convenience and overall justice an injunction would cause disproportionate harm to the defendant.