New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Aggrieved person

Legal area

Court

2 Sept 2013

CROCODILE INTERNATIONAL PTE LIMITED v LACOSTE [2013] NZHC 2265

Citation

[2013] NZAR 1391
Court

High Court

CIL is an "aggrieved person" under s65 because, on the facts, its long historical association with the crocodile mark, registrations and use abroad, presence of some products reaching New Zealand and commercial rivalry give it a legitimate and non‑sentimental interest such that there is a reasonable possibility of appreciable disadvantage if Lacoste's registration remains; standing is a threshold question to be decided broadly and merits (including other barriers to CIL's use) are for determination on the revocation claim itself.
27 Mar 2013

P v HUMAN RIGHTS REVIEW TRIBUNAL HC WN CIV 2012-485-2038

Citation

openlaw-beb65432_d3b1_4ab7_9189_f8caa75c601c.pdf
Court

High Court

The proceeding is struck out because (a) there is no just basis to include the Tribunal as a party where suitable contradictors exist; (b) paragraphs 12–15 are not competent in a declaratory summary proceeding as they require resolution of contested factual issues and viva voce evidence; and (c) paragraphs 10–11 are barred by cause of action estoppel since the 'aggrieved person' issue was finally determined by the Tribunal and cannot be relitigated by the applicant.