New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Equitable duty of confidence

Legal area

Court

13 Nov 2019

CREATIVE DEVELOPMENT SOLUTIONS LTD v CHORUS NEW ZEALAND LTD [2019] NZHC 2959 [13 November 2019]

Citation

[2019] NZHC 2959
Court

High Court

Creative failed to prove any enforceable fiduciary obligation; the NDA governed confidentiality and the evidence did not show Chorus took a material advantage or used Creative's confidential information as a springboard to Chorus's benefit; equitable obligations cannot exceed the contractual NDA; estoppel failed for lack of material detriment; all causes dismissed.
25 Oct 2012

SKIDS PROGRAMME MANAGEMENT LTD V MCNEILL COA CA315/2011

Citation

COA CA315/2011
Court

Court of Appeal

Given appellants' partial success on appeal (establishing equitable breach and substantial increase in additional and exemplary damages) and respondents' greater overall success on injunctive and restraint issues, High Court costs are not left unchanged but must be reduced to reflect the appeal outcome and respondent misconduct; the Court therefore reduced the agreed High Court costs by 40% to $33,366 and awarded costs for the appeal to the appellants on a Band A basis less one-third plus approved disbursements.