New Zealand Case Law: Decisions & Judgments

Topic

Commercial list jurisdiction

Legal area

Court

18 Feb 2014

LOCKWOOD GROUP LIMITED v SMALL [2014] NZHC 178

Citation

[2014] NZHC 178
Court

High Court

Although extension of time could be justified given counsel's misunderstanding and prompt steps taken, leave to appeal under s 24G is refused because the proposed appeal lacks substance: the strike out of imprecise defamation paragraphs was justified for failure to plead words and provide particulars, the $1,000,000 lost sales claim lacked adequate causation and particulars, and removal from the commercial list was a proper exercise of discretion; accordingly no leave to appeal is granted and extension of time is not required.
22 Jan 2013

NZ MILK BRANDS LTD & ANOR V ANCHOR FOODS PTY LTD HC AK CIV-2012-404-003824

Citation

openlaw-48ac3cb9_5282_400a_910a_a88c24c60e1c.pdf
Court

High Court

No order for costs was made in favour of either party in relation to the defendant's interlocutory applications because the plaintiffs had a reasonable basis to commence proceedings (trade mark applications prima facie evidencing intent to use), the plaintiffs gave reasonable notice, the stay was agreed on the basis of the defendant's later undertaking, and the defendant's grounds for costs were not demonstrated; substantive costs are reserved pending the outcome before the Commissioner of Trade Marks.
15 Mar 2011

GODFREY WATERHOUSE V CONTRACTORS BONDING LIMITED HC AK CIV 2010-404-3074

Citation

openlaw-a757168a_08eb_4adc_9919_6875c4ded070.pdf
Court

High Court

Grant leave to appeal on the funding issue because the scope and application of Saunders v Houghton para 79 (requirements for third party funding) is a matter of general public importance warranting appellate consideration; refuse leave to appeal against retention in the Commercial List because the defendant has not shown real detriment or injustice sufficient to justify leave; refuse stay because plaintiffs offered $50,000 security and there was no risk of wasted costs that would justify a stay; direct plaintiffs to provide security and fixed timetabling and costs directions.

New Zealand Case Law

LOCKWOOD GROUP LIMITED v SMALL [2014] NZHC 178

NZ MILK BRANDS LTD & ANOR V ANCHOR FOODS PTY LTD HC AK CIV-2012-404-003824

GODFREY WATERHOUSE V CONTRACTORS BONDING LIMITED HC AK CIV 2010-404-3074