7 Sept 2021
GAO v ZESPRI GROUP LIMITED [2021] NZCA 442
- Citation
- [2021] NZCA 442
- Court
- Court of Appeal
The Court held the hearsay statements of Mr Shu were admissible under the Evidence Act (reliability and unavailability), upheld primary findings that appellants supplied and exported G3/G9 and engaged in infringing conduct in New Zealand, rejected that execution of the False Licence Agreement constituted an infringement extraterritorially of NZ PVRs, and affirmed damages awarded by reference to the user principle but reduced the area and quantum to reflect proven acreage (substituting NZD 12,081,150 per appellant for the relevant PVR claims); overall appeal allowed in part and otherwise dismi…