20 Apr 2011
SKIDS PROGRAM MANAGEMENT LIMITED V MCNEILL HC AK CIV-2010-404-1696
- Citation
- openlaw-f198746d_4ff0_43c2_9038_a4985770993f.pdf
- Court
- High Court
Third defendant was not personally bound by the sub-franchise guarantee because she did not execute the deed and was never required to; restraint clauses as applied were unreasonable and unenforceable (and in any event causation of loss was not established because the sub-franchise operation would have proceeded under the third defendant regardless); however verbatim copying of plaintiffs' policy documents by first defendant and use by Kids Choice breached contractual obligations and infringed copyright, warranting damages of NZD 3,000 and an injunction requiring amendment and reapproval of d…