Pump Hire (SI) Limited v Holder

[2012] NZHC 2019

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2012-409-001727 [2012] NZHC 2019

BETWEEN  PUMP HIRE (SI) LIMITED Plaintiff

ANDTREVOR ANTHONY HOLDER First Defendant

ANDDEBORAH LOUISE HARRAWAY Second Defendant

ANDSTELLA ENTERPRISES (2011) LIMITED

Third Defendant

ANDPUMP MAINTENANCE SERVICES LIMITED

Fourth Defendant

Hearing:         10 August 2012

Appearances: A J Davis for Plaintiff

K W Clay and P J Brown for Defendants

Judgment:      10 August 2012

ORAL JUDGMENT OF FOGARTY J

Solicitors:

Clark Boyce, PO Box 79122, Avonhead, Christchurch 8446

Lexington Legal, PO Box 5661, Papanui, Christchurch 8542

Copy to:

K W Clay, PO Box 2217, Christchurch 8140

PUMP HIRE (SI) LIMITED V HOLDER HC CHCH CIV-2012-409-001727 [10 August 2012]

[1]      This is an application for interim relief.   The plaintiff alleges that the first defendant particularly and that the other defendants have acted in breach of law, the first defendant particularly in breach of his duty of loyalty as an employee has persuaded  other  employees  of  the  plaintiff  to  leave  the  business  and  has  taken various items of property of the plaintiff.

[2]      The first defendant is or has been until day, an employee.  I am satisfied that the plaintiff has made out a prima facie case that the conduct of the first defendant was in breach of his implied and fundamental duty of obligation of loyalty to his employer, which provides the legal basis for interim relief.

[3]      In cases such as these it is difficult to immediately define the scope of interim relief which  is  available.   The solution  I have  adopted in  this  case is  to  grant immediate interim relief in respect of items of property as are listed in the draft order which follows at the end of this judgment.

[4]      I am otherwise adjourning these proceedings until Monday 27 August 2012 when the matter is to be called if the Registrar has not received any memorandum to contrary effect prior to that date.

[5]      The following order which will appear as part of the terms of this judgment have been drafted by counsel for the parties knowing the terms that I propose to resolve the matter:

(a)      An order that the defendants forthwith or as soon as possible deliver up or make available all property owned by Pump Hire (SI) Limited, including but not limited to:

(i)       Pump Hire (SI) Limited client contact lists; (ii)           Pricing lists;

(iii)     Fuel service schedules and run lists;

(iv)     Keys and credit cards; (v)         Site lists;

(vi)     All manuals and pump keys;

(vii)     All spare parts associated with the business; (viii)       All pumps;

(ix)     The two twenty-foot containers plus contents that belong to

Pump Hire (SI) Limited; (x)      Any motor vehicles;  and (xi)      Fuel tanks.

(b)Any work diary is delivered up to Gerald Nation by 5.00 p.m. on Monday 13 August 2012 for further consideration as to whether the contents, or part of those contents, should be delivered up  to the plaintiff.

(c)      The defendants arrange for the disconnection of all telephone numbers in the name of Pump Hire (SI) Limited held by the defendants;  and to do so by 5.00 p.m. Monday 13 August 2012.

[6]      Costs are reserved.