YPG IP LIMITED AND ANOR V YELLOWBOOK.COM.AU PTY LIMITED AND ORS HC AK CIV-2007-404-002839

YPG IP LIMITED AND ANOR V YELLOWBOOK.COM.AU PTY LIMITED AND ORS HC AK CIV-2007-404-002839

The application for a split trial was declined because the balance of convenience weighed against the plaintiffs: there was significant overlap of evidence and witnesses causing duplication and inefficient use of Court time, real prejudice to defendants (travel and inadequate preparation), and a real risk of further appeals and multiple hearings; accordingly the fixture was vacated, costs were awarded to defendants on a 2B basis, and timetabling directions were given for the security for costs application.

Citation
openlaw-807f325d_2f83_4d37_978c_139684222d72.pdf
Parties
First Plaintiff: YPG IP LIMITED; Second Plaintiff: YELLOW PAGES GROUP LIMITED; First Defendant: YELLOWBOOK.COM.AU PTY LIMITED; Second Defendant: DAVID KHOURY; Third Defendant: ROBERT G COLES
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 September 2010
Procedural Posture
Civil Intellectual Property (copyright, Trade Marks, Fair Trading) / Pre Trial: Application for Split Trial and Interlocutory Appeals Pending
Outcome
Application for split trial declined; three-week trial vacated; plaintiffs to pay costs on a 2B basis; timetabling orders made for security for costs application.
Legal Topics
Split Trial, Security for Costs, Interim Injunction, Costs
Copyright Trade Marks Fair Trading Civil Procedure Split Trial Security for Costs Interim Injunction Costs

Case Brief

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Parties

YPG IP LIMITED

First Plaintiff

YELLOW PAGES GROUP LIMITED

Second Plaintiff

YELLOWBOOK.COM.AU PTY LIMITED

First Defendant

DAVID KHOURY

Second Defendant

ROBERT G COLES

Third Defendant

Procedural Posture

Civil Intellectual Property (copyright, Trade Marks, Fair Trading) / Pre Trial: Application for Split Trial and Interlocutory Appeals Pending

Legal Issues

  1. 1 Whether to order separate trials under r 10.4
  2. 2 Degree of evidential and legal overlap between causes of action
  3. 3 Prejudice to parties from split trial (travel, preparation, costs)

Ratio Decidendi

The application for a split trial was declined because the balance of convenience weighed against the plaintiffs: there was significant overlap of evidence and witnesses causing duplication and inefficient use of Court time, real prejudice to defendants (travel and inadequate preparation), and a real risk of further appeals and multiple hearings; accordingly the fixture was vacated, costs were awarded to defendants on a 2B basis, and timetabling directions were given for the security for costs application.

Court Disposition

Application for split trial declined; three-week trial vacated; plaintiffs to pay costs on a 2B basis; timetabling orders made for security for costs application.

Orders

  • Three-week trial commencing 18 October 2010 vacated
  • Plaintiffs' application for a split trial declined