New Zealand Case Law: Decisions & Judgments

Topic

Status quo preservation

Legal area

Court

4 Dec 2019

NEW ZEALAND ASSOCIATION OF CREDIT UNIONS v FINZSOFT SOLUTIONS (NEW ZEALAND) LTD [2019] NZHC 3198

Citation

[2019] NZHC 3198
Court

High Court

The Court exercised its jurisdiction under the master services agreement and the Arbitration Act to grant an interim restraint preventing Finzsoft implementing its termination notice because Co-op Money showed a reasonable possibility of success (notably under clause 14.6), the harm to Co-op Money, its member credit unions and thousands of retail customers if services were withdrawn was not adequately reparable by damages and the balance of convenience favoured maintaining the status quo pending resolution of the dispute.
19 Sept 2019

FOODSTUFFS NORTH ISLAND LIMITED v RAVLA TRADING LIMITED [2019] NZHC 2357

Citation

[2019] NZHC 2357
Court

High Court

The Court granted modified interim injunctive relief because it found there were serious questions to be tried on multiple pleaded claims (contractual breaches of the franchise agreement including restriction on transfer, potential sham/resulting trust, directors' duties and tortious claims) and the balance of convenience favoured preserving the last peaceable state prior to the transfer of the premises; irreparable harm to Foodstuffs' goodwill and the franchise system could not be adequately remedied by damages, whereas short-term prejudice to respondents could be compensated or managed unde…
5 Sept 2014

SLATER v APN NEW ZEALAND LTD [2014] NZHC 2152

Citation

[2014] NZHC 2152
Court

High Court

The Court was satisfied there is a sufficiently serious arguable case and a real risk of imminent publication that would pre-empt the proceeding; accordingly an interim injunction was granted defining fourth defendants as those who gained unauthorised access and restraining them from copying, publishing or communicating the plaintiff's correspondence not lawfully provided to them, subject to specified exceptions, pending determination of the application.
31 May 2013

THE NEW ZEALAND PORK INDUSTRY BOARD v THE DIRECTOR-GENERAL OF THE MINISTRY OF PRIMARY INDUSTRIES [2013] NZSC 53

Citation

[2013] NZSC 53
Court

Supreme Court

The Court granted interim relief because, notwithstanding arguments about the status quo and that appeal rights would not be rendered nugatory by refusal, it was necessary to preserve the appellant's position pending further statutory processes given the imminence of the fixture and that no pork had yet been imported under the disputed standards.
20 Oct 2010

POLLEN-PLUS LIMITED V ZNEL LIMITED AND ANOR HC TAU CIV-2010-470-848

Citation

openlaw-b08ade7b_b055_4634_a35c_0b067fbe0f34.pdf
Court

High Court

On the interlocutory evidence the issue of ownership by commissioning and payment and the originality of the drawings raised serious questions to be tried; the balance of convenience and the risk of irreparable market loss to Pollen-Plus outweigh Lenz's commercial loss and third party inconvenience; accordingly an interim injunction restraining Lenz from manufacturing, supplying or providing copies of equipment made from the specified Znel drawings (2004–March 2010) was granted, excluding drawings that formed part of an expired patent, with particulars ordered and costs reserved.
16 Jun 2009

BERRY V ATKINSON HC TAU CIV-2009-470-368

Citation

openlaw-1eeae064_5759_4283_a684_761d25753deb.pdf
Court

High Court

Given the urgency and the applicant's request that an order issue immediately, the court ordered that the caveat is not to lapse until further order and adopted the draft form of order filed by the applicant.
16 Jun 2009

THE COMMISSIONER OF INLAND REVENUE V CHESTERFIELDS PRESCHOOLS LIMITED AND ORS CA CA607/2008

Citation

openlaw-8a676cf7_01ba_474f_a27f_3cea0225a7f4.pdf
Court

Court of Appeal

The Court granted an interim stay until 18 August 2009 because the consolidated appeals raised arguable and important issues of taxation law and the stay was necessary to preserve the status quo and protect the public revenue, with no demonstrable prejudice to third parties and with practical acceptance of an interim stay by the second respondent.

New Zealand Case Law

NEW ZEALAND ASSOCIATION OF CREDIT UNIONS v FINZSOFT SOLUTIONS (NEW ZEALAND) LTD [2019] NZHC 3198

FOODSTUFFS NORTH ISLAND LIMITED v RAVLA TRADING LIMITED [2019] NZHC 2357

SLATER v APN NEW ZEALAND LTD [2014] NZHC 2152

THE NEW ZEALAND PORK INDUSTRY BOARD v THE DIRECTOR-GENERAL OF THE MINISTRY OF PRIMARY INDUSTRIES [2013] NZSC 53

POLLEN-PLUS LIMITED V ZNEL LIMITED AND ANOR HC TAU CIV-2010-470-848

BERRY V ATKINSON HC TAU CIV-2009-470-368

THE COMMISSIONER OF INLAND REVENUE V CHESTERFIELDS PRESCHOOLS LIMITED AND ORS CA CA607/2008