7 Jul 2011
PAYMEX.CO.NZ LIMITED V EFTPOS NEW ZEALAND LIMITED HC AK CIV-2011-404-004015
- Citation
- openlaw-345fc0ed_e7cf_4697_bd64_29463b9b479e.pdf
- Court
- High Court
The Court held that clause 18 did not permit an unfettered freeze of all the plaintiff's transactions; interim relief was warranted because the balance of convenience favored the plaintiff, and accordingly the defendant was restrained from placing further funds into suspense except where transactions were properly identified as falling within clause 18.1; the Court imposed targeted disclosure and prompt release obligations as necessary to protect the plaintiff pending further hearing.