New Zealand Case Law: Decisions & Judgments

Topic

Exclusive distributorship

Legal area

Court

10 Nov 2020

SKY SCRAPERS GENERAL TRADING LLC v ZOONO LIMITED [2020] NZHC 2960

Citation

[2020] NZHC 2960
Court

High Court

The application for a mandatory interim injunction was dismissed because, although there is a serious question to be tried about the validity of termination, damages were not shown to be an inadequate remedy, granting mandatory relief would risk imposing substantial and possibly uncompensatable commercial prejudice on Zoono and third parties, the parties' factual disputes and interpretation issues are for trial, and preservation of the status quo pending trial better serves overall justice.
6 Nov 2019

OXYGEN AIR LIMITED v LG ELECTRONICS AUSTRALIA PTY LIMITED [2019] NZHC 2786

Citation

[2019] NZHC 2786
Court

High Court

Termination occurred by Oxygen's exercise of its unilateral right under Distribution Agreement cl 5.1c(iii) by notice dated 17 April 2018 (effective 18 June 2018), not by earlier alleged breach; because termination was by cl 5.1c(iii) Oxygen was not entitled to compensation under cl 6.3; no enforceable solar distributorship existed or was incorporated; Oxygen failed to establish any contractual breaches by LG giving rise to valid set-off or counterclaim; LG's standard trading terms (reservation of title and trust over sale proceeds) applied; LG entitled to judgment on counterclaim for unpaid…
30 Mar 2011

LOKTRONIC INDUSTRIES LTD V DIVER & ORS HC AK CIV-2008-404-004657

Citation

openlaw-7ceffd6c_9838_4872_97f8_dee276cc917e.pdf
Court

High Court

Court found binding oral exclusive manufacturing contract between Loktronic and NHEL and oral exclusive distribution contract between Loktronic and Trimec; implied reasonable notice terms (six months manufacturing; three months distribution); NHEL and Trimec breached by terminating without such notice; defendants (Mr Hingston, Trimec, Mr Bowyer, AANZL/Interlock, Mr Diver) liable for inducing breach of the manufacturing contract and Trimec/Mr Bowyer/AANZL liable for inducing breach of the distribution contract; Trimec, Mr Bowyer and Mr Diver liable for interference by unlawful means (including…
16 Sept 2010

MECHANICAL PLASTICS CORP V HOLDFAST NZ LTD HC HAM CIV 2007-419-000845

Citation

openlaw-98f2ca61_818b_4647_8537_a0a78b688e73.pdf
Court

High Court

The pleaded facts and accompanying evidence do not provide a foundation for an inferred informal distribution contract on the terms alleged; the written agreement's entire‑agreement/variation clause and correspondence undermine any inference of roll‑over, therefore the contract cause of action is not a reasonably arguable claim and must be struck out (paras 5.1–5.2 struck).
9 Feb 2009

MECHANICAL PLASTICS CORPORATION V HOLDFAST NEW ZEALAND LIMITED HC HAM CIV 2007-419-000845

Citation

openlaw-7b718f4b_677b_472d_805b_2eb3a10ae934.pdf
Court

High Court

Defendant's summary judgment application is refused because it failed to satisfy the onus that none of the plaintiff's causes of action can succeed; the pleaded Fair Trading Act cause of action is arguable with material factual disputes (use of SKU codes, packaging, representations after termination) that require trial rather than summary disposal.

New Zealand Case Law

SKY SCRAPERS GENERAL TRADING LLC v ZOONO LIMITED [2020] NZHC 2960

OXYGEN AIR LIMITED v LG ELECTRONICS AUSTRALIA PTY LIMITED [2019] NZHC 2786

LOKTRONIC INDUSTRIES LTD V DIVER & ORS HC AK CIV-2008-404-004657

MECHANICAL PLASTICS CORP V HOLDFAST NZ LTD HC HAM CIV 2007-419-000845

MECHANICAL PLASTICS CORPORATION V HOLDFAST NEW ZEALAND LIMITED HC HAM CIV 2007-419-000845