New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Patent

  • 13 Jul 2011

    THE BABY HAMMOCK CO LIMITED V AJ PARK LAW HC AK CIV-2008-404-3581

    Citation
    openlaw-2cdc2ac5_6632_458a_8c9d_66e965f86ec7.pdf
    Court
    High Court

    Court found AJ Park was not negligent because BHC never instructed AJ Park to advise on the C-shaped stand or the flexible spreader bar and those items were not discussed at the critical meeting; AJ Park did not breach fiduciary duty by acting for Hushamok as no disclosable information relevant to BHC was used nor were BHC's IP rights impaired by Hushamok's registrations; causation failed because BHC could not show the alleged breaches would have produced the claimed financial outcomes; claim dismissed.

  • 4 Jul 2008

    R M GIBSON AND ANOR V R J CURTIS HC WN CIV 2007-485-000907

    Citation
    openlaw-caa19d4b_d7d9_421e_ba98_08a5a2d9ce70.pdf
    Court
    High Court

    The court applied established discovery and privilege principles: further discovery is ordered only where relevance and grounds to believe the other party has the documents are shown; scope limited to what is necessary and supported by evidence; litigation privilege requires the dominant purpose of preparing for apprehended litigation and will be set aside where that dominant purpose is not established. Applying those principles the court limited discovery to patents/public material in NZ, Australia and China, ordered disclosure of specified documents formerly in plaintiffs' control and Renhe…