New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Ex parte injunction

  • 16 Sept 2021

    JOHNSON v JOHNSON [2021] NZHC 2432

    Citation
    [2021] NZHC 2432
    Court
    High Court

    The Court awarded indemnity costs because the ex parte injunction and the discovery application were improperly presented and pursued: the ex parte application failed to disclose highly material context and adverse material (notably the long‑foreshadowed status of the Global Hort claim and exceptions in Mr Johnson's discovery affidavit), made serious allegations without advising the court of contested defences, and the discovery application pursued draconian, disproportionate orders and allegations against counsel and an IT expert that were unsupported; collectively this conduct met the thres…

  • 10 Apr 2008

    COOL MOVES LTD V O'HAGAN HC WN CIV-2008-485-68

    Citation
    openlaw-53ba72eb_457c_4d62_a4b3_31fda24fbb7b.pdf
    Court
    High Court

    Costs were declined because the need for the ex parte injunction arose from the applicant's solicitors' error in sending their file to the respondent; the respondent acted reasonably, returned the file promptly via her solicitor and complied with the order, so it would be inappropriate to award costs to Cool Moves.

  • 2 Dec 2004

    SHANNON And Ors V SHANNON And Anor CA CA249/04

    Citation
    openlaw-6ea2bd24_a8b9_43ca_b2b7_20c75344dc73.pdf
    Court
    Court of Appeal

    The appeal was dismissed because the appellant failed to demonstrate the requisite undue delay or prejudice to justify ex parte injunctive relief: an inter partes hearing was imminent (within 24 hours), Westpac had given an undertaking and was under a discovery order, the alleged risk of destruction was speculative and disputed, and the seriousness of the allegation required inter partes consideration.