12 Nov 2020
BURDEN v ESR GROUP (NZ) LIMITED [2020] NZCA 560
- Citation
- [2020] 157 IPR 217
- Court
- Court of Appeal
The Court held that leave to amend the 2014 proceeding to plead primary infringement and add identified items must be granted because the pleadings, evidence, submissions and discovery indicated s 31 primary infringement was already in play, prejudice to ESR could be addressed by ordered amendments and undertakings, and the interests of justice required permitting the issue to be determined at the monetary hearing; consequentially the separate 2018 proceeding advancing the same causes of action was an abuse and was struck out.