Acting for the successful respondents in an arbitration regarding the validity of the expulsion of a partner from a firm. Issues included validity of the expulsion (interpretation of termination provisions, repudiation) and significant legal issues and expert evidence regarding quantum (future profits, valuation). Seven day arbitral hearing.
Justitiae Trustee Company Limited v NZF Nominees Limited
Kevin2023-10-30T23:44:56+00:00Counsel for a respondent on a trust dispute. Successful in High Court ([2021] NZHC 659) and awarded increased costs with indemnity ([2021] NZHC 1585). Also successful in opposition to set aside statutory demand based on the costs award (reported at [2022] NZCCLR 10).
Switch Lighting v Visionary Technologies
Kevin2021-10-28T02:32:34+00:00Counsel for the defendant on a patent and copyright infringement claim regarding LED lights in the Auckland High Court.
Geerkins v Sietec New Zealand
Kevin2021-10-28T02:30:39+00:00Counsel on a shareholder dispute involving an application for the appointment of an interim liquidator, s 174 and s 241 of the Companies Act.
Cooper Tire & Rubber Co v Cooper Tyres NZ
Louisa Currie2021-10-28T02:18:09+00:00Counsel for the NZ-based defendants in a passing off and Fair Trading Act claim in the High Court (plus trade mark invalidity application) brought by a major US corporation, which also involves a counterclaim for trade mark infringement, passing off and breach of the Fair Trading Act.
Flow Imports v Torpedo7
Louisa Currie2021-10-28T02:18:43+00:00Counsel for the plaintiff on copyright infringement claims in the Auckland High Court against two competitors, relating to tent designs.
Dr August Wolff v Combe International
Kevin2021-10-28T02:34:53+00:00Counsel for the opponent owner of the VAGISIL mark on a successful trade mark opposition hearing before the Intellectual Property Office relating to the trade mark VAGISAN. I also acted on the appeal in the High Court, which upheld IPONZ’s rejection of the mark.