13 Aug 2014
KARUM GROUP LLC V FISHER & PAYKEL FINANCIAL SERVICES LIMITED CA87/2014 [2014] NZCA 389
- Citation
- [2014] 3 NZLR 421
- Court
- Court of Appeal
The appeal is dismissed because (1) the settlement documents (HOA, SLA 2005 and Exhibit A) formed one interlinked entire agreement which, objectively construed and applying s4 of the Contractual Remedies Act, excludes reliance on prior written representations such as the Nobbs memorandum; alternatively Karum was not in fact induced by those statements; and (2) on the intellectual property claims FPF copied functionality/business rules and trivial codes but not protectable literary expression or substantial non-literal structural elements of CMS (no copyright infringement), and the codes and c…
- Settlement agreement
- Contractual remedies act 1979 s7 inducement and cancellation
- Entire agreement clause and s4 inquiry
- Clean room memorandum (nobbs memorandum)
- Licence agreement (sla 2005)
- Exhibit a dispute resolution