New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Safeguard obligations
  • 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…