| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA152/2013 [2014] NZCA 96 |
| BETWEEN AND | STRATA TITLE ADMINISTRATION LIMITED CYRUS MEHTA |
| AND | BODY CORPORATE ADMINISTRATION LIMITED |
| Hearing: | 12 March 2014 |
Court: | Harrison, White and Venning JJ |
Counsel: | M I S Phillipps for First Appellant |
Judgment: | 26 March 2014 at 12 pm |
JUDGMENT OF THE COURT
AThe appeal is dismissed.
BThe appellants are ordered to pay the respondent one set of costs for a standard appeal on a Band A basis and usual disbursements.
____________________________________________________________________
REASONS OF THE COURT
(Given by Harrison J)
Introduction
Strata Title Administration Ltd (STA) and Body Corporate Administration Ltd (BCA) compete in providing property administration services in Auckland. Cyrus Mehta was employed by BCA as a property administrator until he resigned on 31 October 2008. Shortly afterwards he commenced employment with STA.
Nearly a year later BCA issued a proceeding against STA and Mr Mehta in the High Court at Auckland. Various causes of action were pleaded including breach of confidence, misuse of confidential information and conspiracy to injure. BCA sought the remedies of damages, accounting for profits, exemplary damages and permanent injunctions. At the same time the company applied successfully on a without notice basis for a search order and an interim injunction.
The search order was carried out at STA’s offices and at Mr Mehta’s family home. Many pages of hard copy material were seized together with entire hard drives of computers; others were cloned over a series of days. As Mr Phillipps notes, not a single confidential BCA document was identified among the seized material. A great deal of interlocutory activity followed, leading Allan J to issue these three judgments:
(a)First, on 10 May 2010, dismissing STA’s application to discharge the search order and adjourning the application to discharge the interim injunction pending inspection of the seized soft copy material;[1]
(b)Second, on 16 March 2011, discharging the interim injunction to the extent that it prohibited STA or Mr Mehta from dealing with BCA’s clients but maintaining it to the extent of prohibiting either STA or Mr Mehta from misusing BCA’s confidential information;[2]
(c)Third, on 17 April 2012, granting BCA leave to discontinue with costs to be determined.[3]
[1]Body Corporate Administration Ltd v Mehta HC Auckland CIV-2009-404-6656, 10 May 2010.
[2]Body Corporate Administration Ltd v Mehta (No 2) HC Auckland CIV-2009-404-6656, 16 March 2011.
On 15 February 2013 the Judge issued a fourth judgment, an interim judgment, running to 115 paragraphs and determining multiple cost applications.[4] Relevantly to this appeal, he:
(a)declined to award STA and Mr Mehta costs on their costs application; and
(b)ordered BCA to pay a 50% increase on scale costs – not indemnity costs as STA and Mr Mehta claimed – for interlocutory steps taken during a one year period of the litigation.
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- [2014] NZCA 96
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