G-STAR RAW C.V. v JEANSWEST CORPORATION (NEW ZEALAND) LIMITED [2013] NZHC 2179

G-STAR RAW C.V. v JEANSWEST CORPORATION (NEW ZEALAND) LIMITED [2013] NZHC 2179

The application for joinder was declined because the proposed defendants were not necessary for the Court to adjudicate the claims as pleaded (the New Zealand defendant admitted importing, distributing and selling the jeans), the proper procedural route to obtain overseas documents was non-party discovery rather...

Source-derived case information.

Citation
[2013] NZHC 2179
Parties
First Plaintiff: G-STAR RAW C.V.; Second Plaintiff: G-STAR AUSTRALIA PTY LIMITED; First Defendant: JEANSWEST CORPORATION (NEW ZEALAND) LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 August 2013
Procedural Posture
Copyright Infringement / Pre Trial Application for Joinder and Directions; Trial Fixture Allocated
Outcome
Application to join Jeanswest Wholesale Pty Ltd and Jeanswest Corporation Pty Ltd declined; directions to confirm readiness for trial maintained; costs on the application to lie where they fall.
Legal Topics
Joinder, Discovery, Secondary Infringement, Primary Infringement, Adjournment, Costs, Proportionality
Intellectual Property Copyright Civil Procedure Joinder Discovery Secondary Infringement Primary Infringement Adjournment +2 more

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Parties

G-STAR RAW C.V.

First Plaintiff

G-STAR AUSTRALIA PTY LIMITED

Second Plaintiff

JEANSWEST CORPORATION (NEW ZEALAND) LIMITED

First Defendant

Procedural Posture

Copyright Infringement / Pre Trial Application for Joinder and Directions; Trial Fixture Allocated

Legal Issues

  1. 1 Whether joinder of two Australian related companies was necessary to enable the Court to adjudicate the issues in the proceeding
  2. 2 Whether the plaintiffs could properly seek to compel disclosure by threatening joinder rather than applying for non-party discovery
  3. 3 Whether the proposed joinder would prejudice allocation of limited judicial resources and scheduled fixture dates

Ratio Decidendi

The application for joinder was declined because the proposed defendants were not necessary for the Court to adjudicate the claims as pleaded (the New Zealand defendant admitted importing, distributing and selling the jeans), the proper procedural route to obtain overseas documents was non-party discovery rather than threatening joinder, the proposed defendants were prepared to provide voluntary disclosure and a witness, and maintaining allocated fixture dates and proportionality given the low number of units sold outweighed the plaintiffs' grounds for joinder.

Court Disposition

Application to join Jeanswest Wholesale Pty Ltd and Jeanswest Corporation Pty Ltd declined; directions to confirm readiness for trial maintained; costs on the application to lie where they fall.

Orders

  • Application for joinder of Jeanswest Wholesale Pty Ltd and Jeanswest Corporation Pty Ltd declined
  • Directions confirming readiness for the allocated trial fixture maintained