18 May 2010
RODNEY MARK GIBSON AND ANOR V RICHARD JOHN CURTIS HC WN CIV 2007-485-907
- Citation
- openlaw-686990ce_bfc3_445e_a653_91220691f3a2.pdf
- Court
- High Court
No personal joint venture between Gibson and Curtis was proven on the evidence; the parties' rights were governed by formal corporate and licensing arrangements which left IP ownership with Gibson; therefore Curtis is not entitled to a share of the Australian licence proceeds and his claims (including fiduciary breach and proprietary interest in the project or Ihouz) fail; Habode NZ was insolvent in March 2006 and Gibson's actions were not shown to be a breach of fiduciary duty.