New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Mandatory interlocutory relief

Legal area

Court

20 Nov 2012

DAJI V HUB REALTY LIMITED & ORS HC AK CIV 2012-404-005075

Citation

openlaw-c0300556_2589_40cc_b04a_48791ff0bfd1.pdf
Court

High Court

The Court concluded the plaintiff demonstrated a strong case that clause 7.0(h) of the BVA entitled her to the listings and sales introduced to the business by NZIRL and that the balance of convenience and justice favored an interim mandatory injunction compelling the first and second defendants to release those listings and sales (except those already released) within five working days; the application for access to Harcourts' H1 database was declined because Harcourts was not contractually bound by the BVA and inducement to breach had not been established.
6 Dec 2007

PORTACOM V PORT A ROOM AND ANOR HC AK CIV 2007-404-2536

Citation

openlaw-18e5c9e7_689f_4747_a006_802481d6edc5.pdf
Court

High Court

The plaintiff established an arguable case of similarity but failed to satisfy the balance of convenience and overall justice for mandatory interim relief: the mark 'Portacom' faces a credible attack of having become descriptive/generic, there is little present risk of actual confusion given PARL's limited, local sales and absence of reported confusion, and granting an injunction now would disproportionately harm the small competitor who has traded for two and a half years; accordingly interim injunctive relief was declined.