Counsel for a group of software developers and shareholders on a complex case involving a mixture of intellectual property, company, commercial and insolvency issues. Successful opposition to appointment of interim liquidators and then appointment of my clients’ preferred liquidator on a contested application.
Jespersen v Secretary of the Treasury
Kevin2020-07-06T04:44:03+00:00Counsel for the applicants in seeking orders for sale of a forestry right (with or without the underlying land) and division of the proceeds under the Property Law Act 2007. The case was heard in the Whangarei High Court. It was complicated by one of the shares in the forestry syndicate being owned by a person who had become bankrupt, and the Official Assignee disclaiming the share. The share was accordingly bona vacantia but was also the subject of various applications for orders vesting the property, claims and securities including caveats. As a result, 11 sets of respondents were involved and it was necessary to remove caveats and have detailed orders around the marketing and sale process as well as provide for rectification of unequal contributions which had been made over time. The Court granted the sale order and made payments directing the reimbursement of partners who had paid costs associated with the property. The proceeds relating to the disputed share were directed to be held in trust pending resolution of the claims regarding that interest.
Sanitarium v A Little Bit of Britain
Kevin2020-07-06T02:32:49+00:00Counsel for the defendants in a high-profile case brought in the Christchurch High Court by Sanitarium against a specialty British goods retailer who imported and sold British Weetabix. The case involved novel trade mark issues including the operation of the Customs notice rules, and expert evidence on marketing issues. The case was reported at (2018) 15 TCLR 173.
Simba Sleep v Wang
Kevin2020-07-06T04:57:09+00:00Decision which I gave as an appointed Expert for a complaint to the NZ Domain Name Commissioner’s Dispute Resolution Service (decision DRS 1272).
Mega Ltd v Altimari
Kevin2020-07-06T04:57:55+00:00Decision which I gave as an appointed Expert for a complaint to the NZ Domain Name Commissioner’s Dispute Resolution Service (decision DRS 1311).
GunsNZ v Rountree
Kevin2020-07-06T04:58:04+00:00Decision which I gave as an appointed Expert for a complaint to the NZ Domain Name Commissioner’s Dispute Resolution Service (decision DRS 1319).
Watkins International Corp v Prestige Pools
Kevin2020-07-06T03:59:34+00:00Counsel for the defendant (briefed for the trial) on the first design rights case to go to trial in the High Court in over 30 years. The case related to spa pool designs. The case was reported at (2018) 131 IPR 353.