Green cab driver told to repaint car

A Green Cab. Photo / Supplied.

A Wellington cabbie has been told to stop driving his green taxi until it is painted a different colour - even though he carried a sign saying it was not a Green Cab.

Sage Siulua was an independent driver with Green Cabs until his contract was terminated in March.

His environmentally-friendly Toyota Prius was painted in Green Cabs' distinctive green livery.

"Since termination of his contract the defendant has continued to drive his cab with the same paint, although he has removed the plaintiff's signage and, more recently, has put a sign on the back doors of the cab stating 'THIS IS NOT A GREEN CAB'," Justice John Wild said in the High Court at Wellington.

Green Cabs had sought an interim injunction, alleging breach of contract, breach of the Fair Trading Act by misleading customers.

The judge granted Green Cabs' injunction but said that a compromise was required at this interim stage.

He ordered Mr Siulua to stop driving the car as a taxi, though he could use it for family purposes.

He also ordered Green Cabs to pay half the $2475 needed to repaint Mr Siulua's vehicle.

No costs were ordered against Mr Siulua because of his inability to pay.

Green Cabs' director Callum Brown told the judge that Mr Siulua had been passing off his cab as a Green Cab, including handing out Green Cab cards with the name of another driver deleted and his own name and mobile number handwritten written on it.

That was denied by Mr Siulua, who said that while he continued to drive his car with the same paint job, all the Green Cabs' signage had been removed.

The judge said he was satisfied that the threshold for an interim injunction had been met under the fair trading and passing off actions but not under a breach of contract.

"I see the essence of the problem as the fact that Mr Siulua continues to drive a taxi with the plaintiff's distinctive green paint coat.

"Even if some of what is alleged against the defendant is not made out, there is evidence of patrons being confused, if not misled," the judge said.

In considering whether to issue an interim injunction, the judge said that if he did not make the order, there would be inestimable damage to Green Cabs' reputation and goodwill, and Mr Siulua was not in a position to pay damages.

- NZPA