Australasian Leisure Management
Mar 8, 2013

Jolt Fitness clubs stay open in Auckland

Seemingly unbowed by an order to cease trading by the New Zealand High Court, newly established fitness club group Jolt Fitness is today continuing to operate its three Auckland fitness clubs.

Justice Helen Winkelmann yesterday (Thursday 7th March) ruled in favour of an injunction request by Club Physical for Jolt Fitness to cease operations.

However, as of today, the three Jolt Fitness clubs, in the suburbs of Three Kings, Botany and Westgate, are still trading.

Explaining the move, Jolt Fitness Director Stuart Holder addressed members on the Jolt Fitness Facebook page, writing "I wanted to let you know that we will be lodging an appeal this morning (Friday 8th March) against the Judgment of Justice Winkelmann in relation to the injunction sought by Club Physical against our clubs.

"The appeal will include an urgent application for a stay of the Order to close our three clubs and we have requested that this application be dealt with by the High Court today.

"Until such time as this application is heard, our three clubs at Westgate, Botany Downs and Three Kings will remain open for business."

Club Physical took their injunction to the High Court following its former franchisees cancelling their Club Physical franchise agreement and rebranding their three clubs under the Jolt Fitness banner.

Justice Winkelman granted an interim injunction preveting Jolt Fitness from operating a fitness business at or within five kilometres of the Three Kings branch until further order of the High Court.

Expanding on the injunction, New Zealand Herald Business Reporter Ben Chapman-Smith reporting that Justice Winkelmann's decision to grant an interim injunction means that "with regard to the other two branches, Jolt has been told it cannot trade at the Botany and Westgate premises until further order of the Court.

"No other restraints were issued which means Jolt could effectively open up another gym next door if it wanted and was able to."

After the decision, Holder wrote on the Jolt Fitness Facebook page "we can confirm that Justice Helen Winkelmann today ruled in favour of the injunction request by Club Physical for Jolt Fitness to cease operations.

"We are incredibly surprised and disappointed by this ruling."

Later last evening Holder wrote to members stating "contrary to statements made, Jolt Fitness Clubs will be open tomorrow morning as usual. See you at the Club."

7th March 2013 - COURT ORDER STALLS BREAKAWAY GYM FRANCHISE

28th February 2013 -  AUCKLAND GYM COURT CASE HAS GLOBAL IMPLICATIONS FOR FRANCHISING

25th February 2013 - MEMBERS GET PHYSICAL ABOUT BROKEN FRANCHISING AGREEMENT

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