New Zealand Case Law: Decisions & Judgments

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Court

10 Mar 2021

OPTIMIZER HQ LTD (in liq) v BANK OF NEW ZEALAND [2021] NZHC 462

Citation

[2021] NZHC 462
Court

High Court

Because the original statement of claim had been struck out by the Court and that decision remained extant pending any successful appeal, there was no live proceeding in which an amended statement of claim could be filed; accordingly the Registrar was directed to return the amended statement of claim and any party wishing to proceed must commence fresh proceedings through solicitors and comply with filing fee or waiver requirements.
20 Nov 2020

Ryan v Lobb [2020] NZHC 3085

Citation

[2020] NZHC 3085
Court

High Court

The arbitration provisions in clauses 2.5(5) and 3.7 were not a binding arbitration agreement that could oust the Court's jurisdiction because (a) the trustees had been removed leaving no trustees between whom the clause operated, and (b) discretionary beneficiaries (including the parties' children and potential future beneficiaries) could not be treated as having agreed to be bound by arbitration; accordingly the Court retained jurisdiction to determine the declaratory issue and Mr Lobb's application to dismiss or stay was refused; the application for return of documents was refused as outsi…
19 Feb 2015

GREYMOUTH PETROLEUM LTD v RUWHIU [2015] NZHC 220

Citation

[2015] NZHC 220
Court

High Court

The court held that Bonus established breach of clause 11.7(a) because defendants failed to return confidential information and service deliverables in their possession and control; however, clause 11.6's obligation to 'safeguard' does not impose a standalone retention obligation incompatible with an immediate deletion obligation in clause 11.7(b), so there was no proven breach of clause 11.6; Greymouth's claims under clauses 4 and 5 failed because delivery of the MacBook to the IT manager satisfied the return obligation under clause 4 and Greymouth's post‑termination requests were inaccurate…
22 Dec 2008

HUNTER GRAIN LIMITED V PRICE AND ANOR HC TAU CIV 2008-470-192

Citation

openlaw-62809416_decc_4247_8e22_dc236b267830.pdf
Court

High Court

Because the first defendant removed confidential company information and destroyed a hard drive without proper authority and there was evidence of breach of fiduciary duties and risk of misuse, the ex parte Anton Piller order and its execution and the interim injunction were justified; those parts attract indemnity costs. However the contempt application failed to meet the high threshold and no order as to costs was made for that application; remaining applications attract ordinary category 2B costs. Quantum of indemnity costs is limited to what is reasonable and is reserved if parties cannot…
26 Aug 2008

SEQUENT INTL LTD V NEW GENERATION CHINA LTD AND ANOR HC AK CIV 2008-404-004761

Citation

openlaw-c268fe97_4798_4120_8de6_4034acbd312c.pdf
Court

High Court

The Court found there was a serious question to be tried on exclusivity, misleading conduct and misuse of confidential information; balancing the risk of injustice, the Court granted limited interim relief because returning Sequent's original contracts and preventing use/representation of Sequent's work were simple summary matters that should be remedied now, while other wider orders were unnecessary; directed disclosure by affidavit, return of originals, restraints on representation and non-use pending further order and required plaintiff to file a formal statement of claim.
10 Apr 2008

COOL MOVES LTD V O'HAGAN HC WN CIV-2008-485-68

Citation

openlaw-53ba72eb_457c_4d62_a4b3_31fda24fbb7b.pdf
Court

High Court

Costs were declined because the need for the ex parte injunction arose from the applicant's solicitors' error in sending their file to the respondent; the respondent acted reasonably, returned the file promptly via her solicitor and complied with the order, so it would be inappropriate to award costs to Cool Moves.
30 May 2007

HOOLE AND PITFIELD IN THEIR CAPACITY AS THE RECEIVERS AND MANAGERS OF HILLCREST SERVICES LIMITED (IN RECEIVERSHIP) AND ANOR V DARBY AND ORS HC AK CIV 2006-404-5235

Citation

openlaw-c317add2_6709_46fa_bce6_3141be8fc6c7.pdf
Court

High Court

Leave was granted for Mr Darby to represent the corporate defendants because there was sufficient identity of interest between his personal position and that of the corporate plaintiffs to justify the exercise of the court's discretion under Mannix; interlocutory relief concerning return of documents and compliance with order 9 was adjourned and the obligation to comply with order 9 was suspended pending further order; issues of severance and unresolved interlocutory matters are to be determined by the trial judge or at a case management conference before Lang J after 15 June 2007.

New Zealand Case Law

OPTIMIZER HQ LTD (in liq) v BANK OF NEW ZEALAND [2021] NZHC 462

Ryan v Lobb [2020] NZHC 3085

GREYMOUTH PETROLEUM LTD v RUWHIU [2015] NZHC 220

HUNTER GRAIN LIMITED V PRICE AND ANOR HC TAU CIV 2008-470-192

SEQUENT INTL LTD V NEW GENERATION CHINA LTD AND ANOR HC AK CIV 2008-404-004761

COOL MOVES LTD V O'HAGAN HC WN CIV-2008-485-68

HOOLE AND PITFIELD IN THEIR CAPACITY AS THE RECEIVERS AND MANAGERS OF HILLCREST SERVICES LIMITED (IN RECEIVERSHIP) AND ANOR V DARBY AND ORS HC AK CIV 2006-404-5235