Performance Sailcraft Pty Ltd v Laser Class Association Inc - [2025] NZHC 3287

Date of Judgment

30 October 2025

Decision

Performance Sailcraft Pty Ltd v Laser Class Association Inc (PDF 230 KB)

Summary

Without notice interlocutory application for interim orders to prevent US Laser Class Association acting on its purported termination of a sale and purchase agreement and to require reinstatement of Australian Performance Sailcraft as Approved Builder of Laser sail boats to a previous position and withdraw statements.  Issues of contract interpretation are not capable of present resolution and their lack of resolution offers the applicant a tenable basis upon which it might be able to succeed at trial. It accordingly has a serious case for trial. Balance of convenience also favours the applicant with a substantial part of its business to be significantly affected by cancellation. Least irremediable prejudice is to restore the status quo ante. Pending further order of the Court, orders not to take steps to implement purported termination of agreement and to reinstate applicant to its previous position. Direction for agreed neutral statement for publication in same media as previous communications. Costs reserved.