New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Restraint of trade covenants

Legal area

Court

30 May 2019

MAINLAND DIGITAL MARKETING LTD v WILLETTS & VON NORDECK MEYERS [2019] NZHC 1201

Citation

[2019] NZHC 1201
Court

High Court

The application for an interim injunction was denied because, although there is a serious question to be tried that the respondents' Bayleys employment may infringe the restraint, the respondents have a genuinely arguable interpretation defence as to the scope of the restraint; much of the goodwill appears personal to the respondents; damages would address much of MDM's loss; and on balance of convenience and overall justice an interim injunction would be inappropriate pending a focused hearing on contractual interpretation.
16 Jul 2008

GSE GROUP LTD V WALTERS SUPPLIES LTD (FORMERLY WALTERS ENGINEERING ENTERPRISES LIMITED) AND ORS HC AK CIV 2005-404-003045

Citation

openlaw-3539be85_0899_4290_8e32_771768aba4ec.pdf
Court

High Court

The Court found on the balance of probabilities that Mr and Mrs Walters were materially involved in ET Services and had, prior to and at the time of sale, plans and conduct that breached the restraint covenants and that Walters Engineering (via imputed knowledge from Mr Walters) breached its warranty. Those breaches and the misleading conduct entitled GSE to cancel and to restitutionary relief: refund of purchase monies less agreed credit for stock and fixtures. GSE awarded repayment/compensation of NZD 383,333.34 against Walters Engineering and Mr and Mrs Walters (jointly and severally) with…