16 May 2011
TIMTECH CHEMICALS LIMITED V OSMOSE NEW ZEALAND LIMITED HC WN CIV 2010-485-2487
- Citation
- openlaw-e7846ab7_892c_4279_80e4_ffb51829aa1b.pdf
- Court
- High Court
Application refused because nearly all proposed evidence was not 'new' (could with reasonable diligence have been discovered earlier), much of it related to prior use which was not pleaded and thus irrelevant to the available grounds of appeal, and admission would produce a substantially new case undermining the statutory opposition process and interests of justice; revocation proceedings remain the correct vehicle for the substantive challenges.