Oraka v Geostel

2020-07-06T05:40:38+00:00

Counsel for two of the defendants, Geostel and its director Paul Daynes, since June 2016. The case relates to industrial copyright in the design of a component called a cup used in asparagus-grading machines. I was instructed just after the High Court had awarded damages of $4.1m against my clients and another party, Napier Tool & Die, in 2016 – the largest award of damages for copyright infringement in New Zealand history.

That award was overturned by the Court of Appeal in 2016: reported at [2017] 2 NZLR 611.  The High Court was directed to assess damages on a “user principle” (or notional licence fee) basis rather than lost profits.  Geostel was awarded costs on Oraka’s abandoned application for leave to appeal to the Supreme Court: [2017] NZSC 79. There was a further six day trial in the High Court in 2017 including extensive expert evidence.  The High Court set damages at $510,000, plus interest going back to 2005 which effectively doubled the amount due: reported at (2018) 131 IPR 363. This was reduced on appeal to $47,000: [2020] NZCA 256.

Bayly v Hicks

2020-07-06T05:08:16+00:00

Counsel for the respondents in the leading case on partition under the Property Law Act 2007. This involved extensive expert evidence on valuation, surveying and planning issues, with several hearings in the High Court and the Court of Appeal over 7 years: 7 day hearing in the High Court, 2011, reported at (2011) 13 NZCPR 568; Court of Appeal, 2012, reported at [2013] 2 NZLR 401; three day hearing in the High Court, 2015, following appointment of Court-appointed valuers and surveyors; resolved after Court of Appeal hearing was adjourned part-heard, 2016.

Wendco v Wiri Licensing Trust and Auckland Council

2020-07-06T05:05:21+00:00

Counsel for the Wiri Licensing Trust (junior to Graham Kohler QC) on a significant dispute with its tenant, the operator of Wendy’s New Zealand. We successfully opposed two applications for interim injunction in lease dispute (2014). I also acted on the opposition to an application for judicial review regarding non-notification of resource consent application which went to the Supreme Court: High Court, 2014; Court of Appeal, 2015, (2015) 19 ELRNZ 328; and Supreme Court, 2016, [2017] 1 NZLR 1008.

Marr v Parkin

2020-07-06T05:17:25+00:00

Counsel for the defendant on a High Court claim relating to purchase of a residential property (four day trial), with judgment for the defendant upheld on appeal. The issues included agency, knowing receipt, competing equitable priorities and the Credit Contracts and Consumer Finance Act. The Court awarded increased costs in relation to the proceeding and a related caveat matter: High Court, 2014; Court of Appeal, 2015; High Court costs judgment, 2015. In a separate proceeding between the same parties, the High Court made an order for possession of the property on summary basis (2015).

Sanitarium v A Little Bit of Britain

2020-07-06T02:32:49+00:00

Counsel 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.