Counsel for the fourth defendant on a dispute regarding software and allegations of copyright infringement and breach of confidence. The interim injunction application was resolved without a hearing and the case has now settled.
Confidential
Kevin2020-07-06T03:08:57+00:00Counsel for two defendants on a dispute about whether or not a property was held on trust and other monetary claims, as well as related caveat proceedings.
Re Mosaic Enterprises Limited
Kevin2020-07-06T01:35:09+00:00Counsel 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.
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.
Craig v Social Media Consultants Limited
Kevin2020-07-06T02:35:46+00:00Counsel for the appellant (briefed for the appeal), I successfully argued that the High Court should overturn the District Court’s decision to strike out the plaintiff’s claim for copyright infringement. The claim related to the publication on the Whale Oil blog of a poem written by Colin Craig, and also involved issues of breach of privacy and breach of confidence.
Corporate Sureties Limited v Macken
Kevin2020-07-06T02:26:33+00:00Counsel for the defendant trustees on a property dispute, which involved defending a summary judgment application in the Auckland High Court regarding specific performance of an agreement for sale and purchase of land.
MAN AG v Shaanxi Heavy-Duty Automobile Corp
Kevin2020-07-06T02:27:17+00:00Counsel for the appellant/opponent on a successful appeal to the High Court, overturning IPONZ’s decision to allow registration of the mark SHACMAN
Yellow Holdings v Eurobelt
Kevin2022-11-09T02:13:26+00:00Counsel for the defendant in successfully opposing an application for the immediate transfer of a domain name in an interim injunction application in the Auckland High Court.