High Court Wellington
24, 25, 26, 29, 31 August 1988
Smellie J
Court of Appeal Wellington
7 September 1988
Cooke P, Richardson, Somers, Casey JJ
Court of Appeal Wellington
13 September 1988
Richardson, Somers, Casey, Bisson JJ
24, 25, 26, 29, 31 August 1988
Smellie J
Court of Appeal Wellington
7 September 1988
Cooke P, Richardson, Somers, Casey JJ
Court of Appeal Wellington
13 September 1988
Richardson, Somers, Casey, Bisson JJ
Injunction — Interim injunction — Defamation — Defences — Justification, qualified privilege and fair comment — A used motor vehicle dealer's business activities were to be the subject of a consumer protection television programme — Whether the defence of justification was likely to succeed — Whether the issues raised in the programme were matters of public interest attracting the defences of qualified privilege and fair comment — Whether the interim injunction should be rescinded. — On an ex parte application, the dealer had been granted an interim injunction (see [1989] 3 NZLR 433) - Producers of the programme sought to have the injunction rescinded
Trade and commerce — Trade practices — Fair Trading Act — Misleading and deceptive conduct — Publishers' exception — Broadcasting Corporation planned to televise a consumer protection programme about a used motor vehicle dealer's business activities — Dealer claimed that programme was misleading and deceptive — Whether the statutory remedy for misleading conduct or false representations was available against the Broadcasting Corporation — Fair Trading Act 1986, ss 9 and 15.
Tort — Economic tort — Interference with business relationships — A used motor vehicle dealer's business activities were to be subject of a consumer protection television programme — Dealer claimed that producers of the programme had approached some of those who had business dealings with the dealer resulting in the termination of some of the dealer's contractual relationships — Whether producers of the programme had committed an economic tort — Whether the allegations warranted the continuation of an interim injunction restraining the screening of the programme.
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