28 Aug 2007
ABB LTD & ORS V NZ INSULATORS LTD HC AK CIV-2004-404-4829
- Citation
- openlaw-f5aba2f0_7925_40a2_94ce_376e5ad98a1f.pdf
- Court
- High Court
Court held NZI's misrepresentations caused ABB's loss under s43 FTA; compensable period began 1 January 2004 but adjusted to reflect that NZI could likely have lawfully re-entered the market by 1 January 2005, so damages apportioned over period to reflect recapture; ABB proved loss from both causes of action under FTA subject to limited apportionments; NZI was not permitted to rely on late-raised illegality defence for ABB's non-compliance with Regulation 101A; on copyright claim Desto elected account of profits and Court ordered apportionment so NZI must account for 15% of BM profits (infrin…