10 Oct 2016
SALE 33 LIMITED v M D DESIGNER INTERNATIONAL LIMITED & ORS [2015] NZHC 2403
- Citation
- SALE 33 LIMITED v M D DESIGNER INTERNATIONAL LIMITED & ORS [2015] NZHC 2403
- Court
- High Court
Application to strike out was dismissed because the Court could not be certain the plaintiff's pleaded claims were frivolous or an abuse of process: the Tribunal declaration did not finally preclude High Court consideration in the interlocutory/contextual circumstances and, critically, the Court could not be satisfied the plaintiff's damages claim would fall within the Tribunal's $50,000 monetary cap so the High Court could not summarily remove the case from substantive determination.