New Zealand Law Society - Successful appeal against Viagogo injunction case

Successful appeal against Viagogo injunction case

This article is over 3 years old. More recent information on this subject may exist.

The Commerce Commission has announced their win in an appeal over application for an interim injunction against online ticket reseller Viagogo.

The Commission originally commenced proceedings alleging that Viagogo was making false and misleading claims and representations about tickets, including price and availability.

The Commission then filed for an interim injunction for to Viagogo to cease its potential breaches of the Fair Trading Act before the proceedings had been served on Viagogo.

The High Court dismissed the application for an interim injunction in February 2019 until the Commission’s substantive case could be heard.

The High Court’s refusal to grant interim relief was based on the grounds that it had no jurisdiction to grant an interim injunction against an overseas defendant unless and until the proceedings have been served, and any protest to jurisdiction has been determined.

The Court of Appeal decision held the High Court erred in finding that it did not have jurisdiction to grant interim relief against overseas defendants. It said that interim relief may be granted against an overseas defendant before service of the proceedings, in order to do effective justice between the parties after a determination of the merits at trial.

The Court of Appeal remitted the application to the High Court, where the case is currently.

Since 2017 the Commerce Commission has received over 400 complaints about Viagogo – the most complained about trader in that period.