8 Jul 2021
GREEN WAY LIMITED v MUTUAL CONSTRUCTION LIMITED AND OTHERS [2021] NZHC 1704
- Citation
- [2021] NZHC 1704
- Court
- High Court
All three without‑notice orders were rescinded because Green Way failed to comply with r 7.23 by not using Form G32 and certifying, and more importantly failed to make full and frank disclosure of material facts (notably correspondence showing the former employees had engaged solicitors and undertaken not to misuse information and statements about MCL's nature); the non‑disclosure was not innocent in the relevant sense and, had the court been fully informed, the urgent relief would likely not have been granted.