17 Jul 2020
MODA SYSTEMS AMERICA LLC v GUARDIAN BANDSAWS LTD [2020] NZHC 1737
- Citation
- [2020] NZHC 1737
- Court
- High Court
The Court found there was a serious question to be tried on both exclusivity under clause 2.1 and misuse of confidential information, but on balance of convenience and given the plain wording of clause 2.1 and lack of clear evidence of specific confidential material supplied, an injunction preventing GBL from selling into North America was refused; however damages would be inadequate to protect Moda US from misuse of confidential information, so a narrowly tailored interim injunction was granted restraining GBL from using confidential information within the pleaded categories that it received…