New Zealand Case Law: Decisions & Judgments

Topic

Injunction

Legal area

Court

17 Nov 2023

CHEN v TAWA TRADE FINANCE LTD [2023] NZHC 3254

Citation

[2023] NZHC 3254
Court

High Court

The originating application seeking permission to commence to set aside the PLA notice and letter of demand was refused because it was not in the interests of justice and would have failed on the merits; accordingly the applicants, as unsuccessful parties, were ordered to pay the respondent's costs on a 2B scale and disbursements, absent any exceptional reason to depart from the usual rule that costs follow the event.
29 Jun 2023

SHI v PACIFIC CONSTRUCTION GROUP LTD [2023] NZHC 1657 [29 June 203]

Citation

[2023] NZHC 1657
Court

High Court

Because registered mortgages will absorb the net sale proceeds such that the respondent's claimed interest would not be secured by the caveat, and because the balance of convenience favoured permitting settlement to avoid significant loss to the applicant, the court ordered removal of the caveat to allow settlement to proceed; costs reserved.
27 Jun 2023

VEC LIMITED v VAPEMAN NZ LIMITED [2023] NZHC 1581

Citation

[2023] NZHC 1581
Court

High Court

Vapeman's use of 'SOLO+' and the triangular logo on disposable electronic cigarettes infringed Vec's registered 'SOLO' under s89(1)(c): the marks are similar, the goods are identical/similar, the use is likely to deceive or confuse, and Vapeman offered no defence; summary judgment entered for Vec and injunctive and ancillary relief ordered, with enquiry as to damages or account of profits at Vec's election and interest to follow.
15 Jun 2023

MOORE v THE MĀORI LAND COURT [2023] NZCA 235

Citation

[2023] NZCA 235
Court

Court of Appeal

By consent the Court granted a stay of the Māori Land Court injunction dated 20 April 2018 requiring the appellant to vacate the Rohutu Trust land pending determination of the appeal because the parties agreed a stay was appropriate and the balance of convenience favoured preserving the status quo until the appeal was resolved.
24 Mar 2023

SPAK (1996) LIMITED v LEROY [2023] NZCA 77

Citation

[2023] NZCA 77
Court

Court of Appeal

The Court exercised its discretion to award costs to the first respondent on a standard appeal band A basis with usual disbursements and certified second counsel because the respondent was largely successful on appeal, the appellant's success was limited to the costs issue, and the appellant's underlying proceedings were trivial/frivolous such that increased costs were appropriate despite the limited success on the indemnity costs point.
16 Dec 2022

BODY CORPORATE & ORS v MEMELINK & ORS [2022] NZHC 3486

Citation

[2022] NZHC 3486
Court

High Court

The court held the lodged caveat was an abuse of process because it sought to undermine existing court orders and the receivers' statutory function to realise trust assets; the defendants lacked a proprietary interest supporting a caveat as relevant assets and litigation interests were vested in the Official Assignee or subject to receivership orders; accordingly injunctive relief preventing registration and further lodgement of caveats was granted and Land Information NZ was directed not to register and to remove the caveat under s142 LTA, with leave preserved to apply to court for permissio…
28 Nov 2022

CHAMBERLAIN v CHAMBERLAIN [2022] NZHC 3121

Citation

[2022] NZHC 3121
Court

High Court

The injunction application was effectively determined in the applicant's favour by the defendant's without‑admission undertaking, so costs of that interlocutory application are fixed now and awarded to Kenneth on a 2B basis; the High Court transferred the damages claim (circa $12,475) to the District Court as unsuitable for the High Court; the defendant is ordered personally to pay the Estate's costs in the probate proceeding on a 2B basis plus disbursements and the Estate is authorised to deduct those costs from the defendant's share of the Estate.
26 Jul 2022

LEGLER, KLAUI and LEGLER v FORMANNOIJ [2022] NZHC 1804

Citation

[2022] NZHC 1804
Court

High Court

Costs follow the event; plaintiffs continued to pursue an unsuccessful interlocutory application once the defendants' position became clear and have not shown any basis to depart from the ordinary rule; defendants are entitled to 2B costs and disbursements totalling NZD 6,921.50 and the 25% uplift for costs on costs is declined because the court will not award costs on costs except in limited circumstances and no unreasonable conduct justifying uplift was found.
13 May 2022

TITO v THE MAORI LAND COURT, TAITOKERAU DISTRICT [2022] NZHC 1030

Citation

[2022] NZHC 1030
Court

High Court

The statement of claim is in its present form a plain abuse of process because it is unclear, fails to comply with r 5.17(1), does not identify the decisions or grounds for judicial review or an injunction, and advances non-justiciable broad historical sovereignty assertions; accordingly the proceeding is stayed and the applicants are ordered to file a Judge-certified amended statement of claim by a fixed date or the proceeding will be struck out.
13 Apr 2022

CURTIS INVESTMENTS LIMITED v JOHN CURTIS LIMITED [2022] NZHC 770

Citation

[2022] NZHC 770
Court

High Court

Leave to intervene was granted because it was in the interests of justice: the intervener's issues overlap materially with the rectification proceedings and the proposed defence to the summary judgment is arguable; intervention would not significantly extend hearing time; intervention ensures a contradictor to the plaintiff; and the rectification claim appears to have merit.