17 Feb 2023
ORION MARINE LIMITED v SEALEGS INTERNATIONAL LIMITED [2023] NZHC 214
- Citation
- [2023] NZHC 214
- Court
- High Court
The application for leave to appeal was declined because the Judge correctly concluded on the facts that the Applicants had not established abuse of process: although Sealegs' patent claim could have been brought with the copyright claim, there was no clear abandonment or deliberate misleading, the patent-based defences and counterclaim were permissible (the defences being hypothetical in relation to damages on the undertaking), and the interests of justice did not justify further delay by granting leave.