The Commerce Commission is appealing the High Court's decision not to issue an injunction against controversial online ticket website Viagogo.

The High Court today granted the Commerce Commission leave to appeal the earlier decision.

The commission had gone to court seeking to prevent Viagogo from making claims about ticket scarcity, pricing and a guarantee of validity. The Commission alleged those claims were misleading.

But in a February decision Justice Patricia Courtney ruled she had no jurisdiction to hear the injunction application because the commission had not formally served its case on Viagogo in Switzerland, where the company is based.


The commission then went back to the High court seeking leave to appeal that decision.

In a judgment today, Justice Pheroze Jagose sided with the Commission.

"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," Commission chairman Dr Mark Berry said in a statement.

Viagogo has previously declined to accept service of the court proceedings in New Zealand. In a hearing in February, the ComCom said going through diplomatic channels, as requested by Viagogo, would delay proceedings by around six months.

The company has faced hundreds of complaints from Kiwis over its selling practices and commission alleges it has made false representations to its customers.

At the February hearing, Viagogo said it had made changes to its website and sales process that addressed the Commission's concerns - which its lawyer argued were in any case below the threshold of a Fair Trading Act breach.

But in March, there was further controversy as About 200 concertgoers were refused entry to the Six60 concert at Forsyth Barr Stadium on Saturday night when they tried to enter with "fraudulent tickets".

Eccles Entertainment promoter Dave Munro believed the vast majority of the fake tickets presented at the gates were obtained from Viagogo.