5 Feb 2018
Flujo Sanguineo Holdings Pty Limited v Merisant Company Inc [2018] NZHC 54
- Citation
- [2018] NZAR 189
- Court
- High Court
The assignment was a legitimate commercial transfer of intellectual property with ancillary causes of action and not an unlawful assignment of a bare cause of action; rule 15.24 did not bar the Current Proceedings because no costs order was in force when Flujo Sanguineo commenced proceedings and r 15.24 applies to the discontinuing plaintiff (Flujo Holdings), not to a distinct assignee; the Court's inherent jurisdiction did not require dismissal or stay on these facts; Merisant's application to dismiss or stay is dismissed.