Greenfields Internet Limited v Rural Networks South Island Limited

[2019] NZHC 465

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2019-412-000004

[2019] NZHC 465

BETWEEN

GREENFIELDS INTERNET LIMITED

First Plaintiff

AND

RURAL NETWORKS LIMITED

Second Plaintiff

AND

RURAL NETWORKS SOUTH ISLAND LIMITED

First Defendant

AND

CENTRAL LAKES INTERNET COMPANY LIMITED

Second Defendant

Hearing:

8 March 2019

Appearances:

J Moss for Plaintiffs

B Nevell and S Carter for Defendants

Judgment:

15 March 2019

JUDGMENT OF DUNNINGHAM J

[1]                  On 8 March 2019, I heard the plaintiffs’ on-notice application for interim injunction orders:

(a)restraining RNSIL from terminating the internet connection it provides to GIL for a “reasonable period”;1

1      Being longer than the date of 31 March 2019 set out in its statement of claim, because it claimed RNSIL had thwarted its ability to transition its clients off the RNSIL infrastructure.

GREENFIELDS INTERNET LIMITED v RURAL NETWORKS LIMITED [2019] NZHC 465 [15 March 2019]

(b)restraining RNSIL and CLICL from directly or indirectly approaching GIL’s customers, except for advertising their services to the general public; and

(c)using any confidential information or intellectual property (including brand and tower designs) obtained and learned during the business relationship between the parties.

[2]                  Having considered the affidavit evidence and the parties’ submissions, I have made the following decision:

(a)the applications for an interim injunction on these three matters is declined and the orders made on 30 January are rescinded effective immediately; and

(b)costs are reserved.

[3]                  Due to time constraints, the reasons for my decision are not yet available but should be with the parties early next week.

Solicitors:

Andrew Lewis Law, Auckland J Moss, Barrister, Christchurch

Guest Carter Law Limited, Dunedin