4 Oct 2019
RAPID LABELS LIMITED v EXCEL DIGITAL LIMITED [2019] NZHC 2522
- Citation
- [2019] NZHC 2522
- Court
- High Court
The Court admitted without prejudice communications for the limited purpose permitted by s57 and found no estoppel because the alleged representation was not clear and unequivocal (it was an in‑principle agreement subject to a formal written agreement), reliance by defendants was not reasonable given the condional nature and timing, and alleged detriment arose from premature action by defendants; separately, although there was a serious question to be tried under s9 FTA and passing off given the aural similarity between RAPID and RAPT/WRAPT, the balance of convenience and overall justice favo…