The Commerce Commission is appealing the High Court’s decision declining to grant an interim injunction against online event ticket seller Viagogo.
The Commission applied for an interim injunction seeking to prevent website representations by Viagogo which the Commission alleges are misleading. In February the High Court at Auckland dismissed the application.
The High Court held that it had no jurisdiction to determine the injunction application because Viagogo has not been formally served. Viagogo is based in Switzerland and has declined to accept service of the Court proceedings in New Zealand. Service by diplomatic channels will take some months.
In a decision released today the High Court has given the Commission leave to appeal the injunction decision to the Court of Appeal.
“The Commission has carefully considered the decision and we have decided to appeal it because of the ongoing harm that we believe New Zealanders are being caused by Viagogo’s marketing. The number of complaints we are receiving about it is unprecedented, with nearly 950 now received,” said Commission Chair Dr Mark Berry.