PETERSON V LUCAS HC AK CIV-2009-404-007762

PETERSON V LUCAS HC AK CIV-2009-404-007762

The settlement agreement was binding; Peterson failed to establish an arguable case that consent was vitiated by duress, undue influence or misrepresentation, and the revocation proceeding was within the scope of the settlement despite Attorney‑General consent; accordingly the strike‑out and review applications were...

Source-derived case information.

Citation
openlaw-95bb0055_ab67_46c2_b6ae_7ae1eab2f7fb.pdf
Parties
Plaintiff/applicant/second Defendant: Carl James Peterson; First Defendant/first Respondent/second Plaintiff: Lucas Mill Pty Ltd; Second Defendant/second Respondent/first Plaintiff: Rex Cameron Lucas; Third Defendant: Katica Lucas; Fourth Defendant: Warren Geoffrey Lucas; Fifth Defendant (discontinued): Jennifer Margaret Lucas; Sixth Defendant: Geoffrey Wilfred Lucas; Seventh Defendant: Dolores Vivienne Lucas; Second Plaintiff: G W Lucas & Sons Pty Ltd (now Lucas Mill); First Defendant (patent Proceeding): Peterson Portable Sawing Systems Limited (in liquidation)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 September 2012
Procedural Posture
Intellectual Property Litigation (copyright and Patents) / Review of Associate Judge's Strike‑out Decision and Related Strike‑out/summary Judgment Applications
Outcome
Review applications dismissed; strike‑out applications allowed; related proceedings struck out
Legal Topics
Settlement Agreement, Duress, Undue Influence, Misrepresentation, Strike Out, Revocation of Patent, Public Interest Litigation, Security for Costs, Abuse of Process, Costs Assessment
Intellectual Property Copyright Patents Civil Procedure Costs Settlement Agreement Duress Undue Influence +7 more

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Parties

Carl James Peterson

Plaintiff/applicant/second Defendant

Lucas Mill Pty Ltd

First Defendant/first Respondent/second Plaintiff

Rex Cameron Lucas

Second Defendant/second Respondent/first Plaintiff

Katica Lucas

Third Defendant

Warren Geoffrey Lucas

Fourth Defendant

Jennifer Margaret Lucas

Fifth Defendant (discontinued)

Geoffrey Wilfred Lucas

Sixth Defendant

Dolores Vivienne Lucas

Seventh Defendant

G W Lucas & Sons Pty Ltd (now Lucas Mill)

Second Plaintiff

Peterson Portable Sawing Systems Limited (in liquidation)

First Defendant (patent Proceeding)

Procedural Posture

Intellectual Property Litigation (copyright and Patents) / Review of Associate Judge's Strike‑out Decision and Related Strike‑out/summary Judgment Applications

Legal Issues

  1. 1 Whether the settlement agreement was voidable for duress
  2. 2 Whether the settlement agreement was voidable for undue influence
  3. 3 Whether the settlement agreement was cancellable for misrepresentation

Ratio Decidendi

The settlement agreement was binding; Peterson failed to establish an arguable case that consent was vitiated by duress, undue influence or misrepresentation, and the revocation proceeding was within the scope of the settlement despite Attorney‑General consent; accordingly the strike‑out and review applications were dismissed and the related proceedings were struck out.

Court Disposition

Review applications dismissed; strike‑out applications allowed; related proceedings struck out

Orders

  • Application to review Bell AJ's judgment dismissed
  • Lucas' application to review Bell AJ's judgment dismissed