20 Apr 2016
EIGHT MILE STYLE, LLC v THE NZ NATIONAL PARTY & OR [2016] NZHC 741
- Citation
- [2016] NZHC 741
- Court
- High Court
Application for a split trial was dismissed. The defendants bore the onus and although liability and quantum are separable, three factors tipped the discretion against a split trial: (1) the plaintiffs' claim for additional damages under s121(2) reduced the prospects of settlement on quantum, (2) the pleaded defence of innocent infringement under s121(1) meant quantum could not be reasonably deferred without undermining resolution, and (3) the multiplicity of third and fourth/fifth party downstream claims made separate hearings inefficient. The Court therefore refused the defendants' applicat…