Agam v Moon

[2024] NZHC 3916

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2024-404-2341

[2024] NZHC 3916

BETWEEN

AVRAHAM YAACOV AGAM

Plaintiff

AND

JONATHAN ANDREW MOON

First Defendant

OUTER ASPECT IP LIMITED

Second Defendant

Telephone Conference:	18 December 2024
Counsel:	KT Glover and T Mahood for Plaintiff F Geiringer for Defendants
Minute:	18 December 2024

JUDGMENT OF BECROFT J

[As to leave to appeal to the Court of Appeal]

This judgment was delivered by me on 18 December 2024 at 4.00pm pursuant to r 11.5 of the High Court Rules 2016.

Registrar/Deputy Registrar

……………………………………

Solicitors/Counsel:

Hudson Gavin Martin, Auckland LeeSalmonLong, Auckland

K Glover, Shortland Chambers, Auckland
F Geiringer, Lambton Chambers, Wellington

AGAM v MOON & ANOR [2024] NZHC 3916 [18 December 2024]

[1]I issued my judgment in this matter earlier today, 18 December 2024.

[2]                 After having reviewed the decision, the plaintiff seeks leave to appeal. There is no formal application, but given the approaching Christmas shutdown period, I am prepared to deal with the matter orally. The application was made in a telephone conference.

[3]Mr Geiringer, for the defendants, does not oppose.

[4]Leave to appeal is required pursuant to s 56(3) of the Senior Courts Act 2016.

[5]                 I grant leave to appeal. I do so because the consequences to each party flowing from the interim injunction are very significant, as set out in my decision. There is also considerable time pressure given the impending shutdown period.

[6]                 The payment of NZD 2 million securing Mr Agam’s undertaking as to damages expires at 5.00 pm on 17 January 2025, at which point if payment if not received, the interim injunction expires.

Becroft J