Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Fri, 28 Mar 2003 13:38:16 -0500 |
| Re: |
Blake with a twist |
R,
Kiwi and former SAS member, wanted to publish an account of his experiences
in the first Gulf War, having signed a confidentiality agreement after the
fact but while still in the SAS.
As a result, the Attorney-General on behalf of the
Crown commenced proceedings in the High Court of New Zealand, claiming
an injunction to restrain publication, damages and an account of profits.
By way of defence, R pleaded that he had signed the
contract under military orders, that it had been obtained by duress
or undue influence, that it was an unconscionable bargain, not supported
by consideration, contrary to New Zealand public policy as a restraint
of trade and upon its true construction not intended to prohibit the
publication of material which was no longer confidential.
The NZCA
held:
that the contract was valid and that R was in breach.
As a matter of discretion it refused an injunction to restrain publication
but made an order for an account and an assessment of damages. There
is no appeal by the Crown against the refusal of an injunction but R
appeals against the orders made against him and challenges the rejection
by the Court of Appeal of all the grounds upon which he alleges that
the contract was invalid.
The majority of the PC affirmed, but (unusually) there
was a dissent. Lord Scott thought that the contract was made under undue
influence.
Blake
not cited ...
"R"
v. Her Majesty's Attorney-General for England and Wales (Appeal No.
61 of 2002) (17 March 03), available at http://www.privy-council.org.uk/
Lionel
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