NR COLLINS V DALGANA PTY LIMITED AND ORS HC AK CIV2006-404-3523

NR COLLINS V DALGANA PTY LIMITED AND ORS HC AK CIV2006-404-3523

Rule 725ZK is subject to normal pleading rules; where the plaintiff has given the best particulars available and the relevant facts are likely within the defendant's knowledge, an order for further particulars before discovery is unnecessary; on those grounds the application for further and better particulars was declined.

Citation
openlaw-f26064a4_6ac5_4fb1_8925_111b93e55ed5.pdf
Parties
Plaintiff: Nicholas Robert Collins; First Defendant: Dalgana Pty Limited; Second Defendant: MSA (Aust) Pty Limited; Third Defendant: Crane Distribution NZ Limited; Fourth Defendant: Haverstock Safety & Environmental Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 May 2007
Procedural Posture
Patent Infringement / Interlocutory Application for Further and Better Particulars Under High Court Rules
Outcome
Application for further and better particulars declined
Legal Topics
Particulars of Breach, Rule 725 ZK, Discovery, Pleading, Strike Out
Patent Law Civil Procedure Particulars of Breach Rule 725 ZK Discovery Pleading Strike Out

Case Brief

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Parties

Nicholas Robert Collins

Plaintiff

Dalgana Pty Limited

First Defendant

MSA (Aust) Pty Limited

Second Defendant

Crane Distribution NZ Limited

Third Defendant

Haverstock Safety & Environmental Limited

Fourth Defendant

Procedural Posture

Patent Infringement / Interlocutory Application for Further and Better Particulars Under High Court Rules

Legal Issues

  1. 1 Whether plaintiff must provide at least one instance of infringement by the first defendant under r 725ZK
  2. 2 Whether the requirement to give particulars can be deferred until after discovery
  3. 3 Whether an order for further and better particulars should be made at this interlocutory stage

Ratio Decidendi

Rule 725ZK is subject to normal pleading rules; where the plaintiff has given the best particulars available and the relevant facts are likely within the defendant's knowledge, an order for further particulars before discovery is unnecessary; on those grounds the application for further and better particulars was declined.

Court Disposition

Application for further and better particulars declined

Orders

  • Application for further and better particulars dismissed
  • Costs reserved