Redcoats v Day

In the High Court of New Zealand, Redcoats Limited applied for an interim injunction against Christopher Day and Andco Realty Limited. Redcoats, a real estate agency, sought to enforce a restraint of trade clause in a contract with Day, its former employee, who had resigned and begun working for Andco, a competing agency. The court was tasked with determining whether Redcoats had a serious question to be tried, the balance of convenience, and the overall justice of the position in granting the injunction. The court considered Redcoats' affidavits and the lack of response from the defendants. The court was satisfied that Redcoats had a real prospect of succeeding in a claim for a permanent injunction at trial, and the balance of convenience favoured granting the interim order.

The court granted the interim injunction, restraining Day from competing with Redcoats within a 15-kilometre radius of its Wellington premises for three months, and requiring Andco to refrain from employing Day in a competing capacity. The court reserved leave for any party to apply to set aside the ex-parte order on 48 hours' notice. Costs were reserved for later determination. The court briefly considered a memorandum from the defendants' counsel requesting a delay in the matter, but decided to proceed with the judgment due to the urgency of the circumstances.