The Commerce Commission has been told it can pursue an interim injunction against controversial ticket reseller Viagogo.
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The Court of Appeal has ruled the High Court was wrong to refuse the consumer watchdog's bid to stop the Switzerland-based website from claimed breaches of the Fair Trading Act.
The original application was declined because Viagogo had not been formally served legal notice in its home country.
"[The court] is not deprived of the ability to make orders that are required to enable it to do effective justice between the parties in the future, in the event that the substantive claim is heard by a New Zealand court, simply because a defendant is to be served overseas or has objected to the jurisdiction of the New Zealand court," the Court of Appeal judgement said.
The Court of Appeal said the Commerce Commission can renew its High Court bid for an injunction if it wants. However, it noted that Viagogo has made changes to its website since the original complaint.
"The Commission will need to consider changes made to Viagogo's website before deciding whether to proceed with the application for an injunction," the Commerce Commission said in a statement.
Viagogo has been accused of deceptive and false advertising and was the most complained about trader to the Commission last year.
In July, Google suspended Viagogo from its paid spot at the top of its search results after claims touts resell tickets at inflated prices on the site.
