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| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA258/2011 [2012] NZCA 131 |
| BETWEEN STEPHEN JOHN DIVER |
| AND LOKTRONIC INDUSTRIES LIMITED |
| AND SDR LIMITED |
| AND ROY BOWYER |
| AND TRIMEC TECHNOLOGY PTY LIMITED |
| AND NEIL RICHARD HINGSTON |
| AND NEIL HINGSTON ENGINEERING LIMITED |
| AND ASSA ABLOY NEW ZEALAND LIMITED |
| CA259/2011 |
| AND BETWEEN NEIL RICHARD HINGSTON |
| AND NEIL HINGSTON ENGINEERING LIMITED |
| AND LOKTRONIC INDUSTRIES LIMITED |
| CA260/2011 |
| AND BETWEEN ROY BOWYER |
| AND TRIMEC TECHNOLOGY PTY LIMITED |
| AND ASSA ABLOY NEW ZEALAND LIMITED |
| AND LOKTRONIC INDUSTRIES LIMITED |
| AND STEPHEN JOHN DIVER |
| AND SDR LIMITED |
| AND NEIL RICHARD HINGSTON |
| AND NEIL HINGSTON ENGINEERING LIMITED |
| Hearing: 25-27 October 2011 |
| Court: Arnold, Ellen France and Stevens JJ |
| Counsel: M H L Morrison and K D Puddle for Mr Diver |
| Judgment: 4 April 2012 at 10 a.m. |
JUDGMENT OF THE COURT
ATHE APPEALS BY STEPHEN DIVER (CA258/2011), BY NEIL HINGSTON (CA259/2011) AND BY ROY BOWYER, TRIMEC TECHNOLOGY PTY LIMITED AND ASSA ABLOY NEW ZEALAND LIMITED (CA260/2011) AGAINST THE FINDINGS OF LIABILITY FOR THE VARIOUS TORTS ARE ALLOWED. THE JUDGMENT IN FAVOUR OF LOKTRONIC INDUSTRIES LIMITED IN THE SUM OF $1,420,721 PLUS INTEREST IS SET ASIDE.
BNeil Hingston Engineeering Limited’s appeal, (CA259/2011), against the finding that the manufacturing contract was exclusive, having been abandoned, is dismissed.
C The cross-appeal is dismissed.
DLoktronic Industries Limited must pay Stephen Diver, Neil Hingston, Roy Bowyer, Trimec Technology Pty Limited and Assa Abloy New Zealand Limited costs on a band A basis for a complex appeal. We certify for second counsel.
ECosts in relation to the appeal by Neil Hingston Engineering Limited lie where they fall.
REASONS OF THE COURT
(Given by Ellen France J)
Table of Contents
Para No
The appeals [1]
Factual background to the intentional torts [9]
The High Court decision [20]
Inducing breaches of contract [23]
Interference by unlawful means [25]
The issues on appeal [28]
Inducing breach of the manufacturing contract (Loktronic and
NHEL) [29]
The test for knowledge and intention [33]
Drawing the threads together [47]
Mr Hingston [51]
Mr Diver [66]
Mr Bowyer and Trimec [78]
Assa Abloy NZ Limited (AANZL) [88]
Inducing breach of the distribution contract between Loktronic
and Trimec [93]
Mr Bowyer [95]
AANZL [99]
Interference in business by unlawful means [100]
Misrepresentations [106]
Inducing breach of the effeff contract [127]
Conspiracy to interfere with the manufacturing contract by
unlawful means [132]
Other matters [133]
Disposition [135]
The appeals
For a number of years prior to 2002, Loktronic Industries Ltd (Loktronic), ran a profitable business…
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- Case
- [2012] NZCA 131
- Decision Date
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Orders of the court
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Background
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Evidence
Evidence Before The Court
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Decision
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