| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 144/08 |
| Determination date | 16 April 2008 |
| Member | A Dumbleton |
| Representation | D Neutze ; no appearance |
| Location | Auckland |
| Parties | Temperzone Ltd v Joy |
| Summary | INTERIM INJUNCTION - Mareva injunction - Ex-parte application - Applicant claimed respondent acted in breach of contractual and statutory duty of good faith by receiving secret commission payments from applicant’s suppliers and distributing confidential documents and other information to suppliers in breach of duty of fidelity and confidentiality - Mareva injunction sought to restrain respondent from dealing in or disposing of certain assets had in New Zealand - Preservation of assets would provide security in event respondent’s claim for damages and penalty successful - Authority satisfied respondent applicant’s employee and problems arose directly from employment relationship - Jurisdiction to grant Mareva injunctions available under s162 Employment Relations Act 2000 - Authority satisfied necessary grounds met for granting injunction - Applicant provided evidence respondent arranged for commissions to be secretly paid to him - Evidence provided that respondent making arrangements to set himself up in Thailand, causing applicant to fear New Zealand assets would be disposed of and proceeds taken overseas - Following complaint by applicant Police had taken interest in respondent and seized respondent’s passport - Applicant supplied undertaking as to damages - Authority satisfied orders drafted no more widely than necessary to achieve purpose of injunction - Injunction granted |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s157(3);ERA s160(1)(f);ERA s162;ERA s173(2C);ERA s221(d) |
| Cases Cited | Bank of New Zealand v Hawkins (1989) 1 PRNZ 451 |
| Number of Pages | 4 |
| PDF File Link: | aa 144_08.pdf [pdf 19 KB] |