POWERHOUSE VENTURES LTD v MARTIN [2018] NZHC 1787

POWERHOUSE VENTURES LTD v MARTIN [2018] NZHC 1787

To prevent irreversible loss of the only potentially valuable asset while substantive rights remain unresolved, the court will vary the interim injunction to permit Mr Martin to apply to renew the PATeye and DATAeye patents in his name and to fund the renewals initially, while reserving substantive resolution (including the rescission application) for further hearing; failure to properly serve the rescission application precluded full determination.

Citation
[2018] NZHC 1787
Parties
First Applicant: Powerhouse Ventures Ltd; Second Applicant: Solar Bright Limited; First Respondent: Patrick Martin; Second Respondent: Nicola Jane Martin
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 July 2018
Procedural Posture
Application Under Article 9 of Schedule 1 of the Arbitration Act 1996 and High Court Rules for Interim Injunction / Variation Hearing and Urgent Application to Rescind Interim Injunction (adjourned)
Outcome
Interim injunction varied to permit Mr Martin to apply for renewal of the PATeye and DATAeye patents; application to rescind otherwise adjourned; costs reserved.
Legal Topics
Interim Injunction, Patent Renewal, Assignment of Intellectual Property, Shareholders' Agreement, Service of Process, Relief Pending Arbitration
Arbitration Intellectual Property Company Law Civil Procedure Employment Law Injunctions Interim Injunction Patent Renewal +4 more

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Parties

Powerhouse Ventures Ltd

First Applicant

Solar Bright Limited

Second Applicant

Patrick Martin

First Respondent

Nicola Jane Martin

Second Respondent

Procedural Posture

Application Under Article 9 of Schedule 1 of the Arbitration Act 1996 and High Court Rules for Interim Injunction / Variation Hearing and Urgent Application to Rescind Interim Injunction (adjourned)

Legal Issues

  1. 1 Whether the PATeye and DATAeye patents were validly assigned and therefore within the scope of the interim injunction
  2. 2 Whether the interim injunction should be varied to permit renewal of patents held in the respondents' names to prevent loss of the asset
  3. 3 Whether the respondents had complied with service requirements for the rescission application

Ratio Decidendi

To prevent irreversible loss of the only potentially valuable asset while substantive rights remain unresolved, the court will vary the interim injunction to permit Mr Martin to apply to renew the PATeye and DATAeye patents in his name and to fund the renewals initially, while reserving substantive resolution (including the rescission application) for further hearing; failure to properly serve the rescission application precluded full determination.

Court Disposition

Interim injunction varied to permit Mr Martin to apply for renewal of the PATeye and DATAeye patents; application to rescind otherwise adjourned; costs reserved.

Orders

  • Interim injunction varied to permit Mr Martin to apply for renewal of the PATeye and DATAeye patents in New Zealand and overseas in his name
  • Mr Martin is to pay the costs of renewal of the patents in the first instance