New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Restraining advertising

Legal area

Court

1 Dec 2015

NEW ZEALAND TRADE CENTRE LIMITED v LIANHUA TRADING GROUP LIMITED [2015] NZHC 3014

Citation

[2015] NZHC 3014
Court

High Court

The Court exercised its discretion under HCR 1.19 to permit the late filing of the supporting affidavit because an unwitnessed affidavit had been served promptly, a properly witnessed affidavit was filed the next day, the delay was explainable by overseas witnessing logistics, there was no evidence of intended breach or resulting injustice, and therefore the plaintiff's strike-out application for non-compliance with HCR 7.20 was dismissed and the defendant's interlocutory applications were allowed to proceed.
20 Sept 2013

COMMISSIONER OF INLAND REVENUE v ONSITE ROOFING AND CLADDING LIMITED [2013] NZHC 2487

Citation

[2013] NZHC 2487
Court

High Court

The Commissioner was an undisputed creditor with long-standing PAYE/KiwiSaver arrears and a statutory demand which supported insolvency; therefore there was no proper basis to grant a stay under r 31.11. Nonetheless the court exercised its discretion to grant limited interim relief to allow short further negotiations by restraining advertising until 4 October 2013 and setting directions, and dismissed the stay application.