New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Non-competition clause

Legal area

Court

11 Mar 2020

PARSONS v O’CONNOR [2020] NZHC 483

Citation

[2020] NZHC 483
Court

High Court

Defendants' application dismissed: on available evidence Green Shoots was not shown to be in breach by virtue of association with Mr Parsons and therefore the defendants must restore the plaintiffs' shares; it was unnecessary and inappropriate to restore only Green Shoots' shares while leaving Parsons' shares with defendants; the stay imposed by van Bohemen J was discharged and defendants ordered to implement Gordon J's order restoring shares, with plaintiffs to retain shares pending agreement or further order.
8 Nov 2010

TOURISM HOLDINGS LIMITED V JACQUES LIMITED HC AK CIV-2010-404-2864

Citation

openlaw-87890a1e_1f05_4146_9a83_430f59e5f43c.pdf
Court

High Court

Leave to appeal was granted to THL on the estoppel point because it was strongly arguable the arbitrator erred in law in applying estoppel to the February 2005 communications and the question substantially affects THL's and third parties' rights; Jacques' applications were declined because the arbitrator's exclusivity finding was immaterial to outcome and his remarks on the kiosk licence were expressly provisional and not final findings and thus not amenable to appeal or set-aside.