New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Relational contract

Legal area

Court

19 Mar 2021

MULTIMEDIA COMMUNICATIONS LIMITED v ENABLE SERVICES LIMITED [2021] NZHC 568

Citation

[2021] NZHC 568
Court

High Court

Even accepting there was a tenable case on the merits, the court refused the interim injunction because the injunction would be futile and not preserve the status quo: the agreement was non-exclusive with no minimum business guaranteed so the court could not compel Enable to issue service orders; Multimedia had not convincingly shown Enable acted perversely or ignored the Ancillary Service Levels or breached good faith to a degree warranting interim relief; damages were an adequate remedy in the circumstances; and arbitration was the agreed forum — therefore the balance of convenience and ove…
14 Dec 2018

DETECTION SERVICES LIMITED v PICKERING [2018] NZHC 3310

Citation

[2018] NZHC 3310
Court

High Court

The parties had a joint venture that gave rise to fiduciary obligations; both parties breached the fiduciary duty of loyalty and failed to negotiate in good faith over transfer of the system; because both parties acted in self‑interest and the plaintiff came to equity without clean hands, equitable relief was denied; the plaintiffs' claim and the defendants' counterclaim were dismissed and the physical system remains with Pickering.