18 Dec 2015
PETERSON V LUCAS [2015] NZCA 627
- Citation
- [2015] NZCA 627
- Court
- Court of Appeal
The appeal is dismissed because the new proceeding is an abuse of process barred by issue estoppel and Henderson v Henderson principles; the pleaded s34 Designs Act claim had no real prospect of success because there was no threat to bring proceedings for infringement of copyright in a registered design and the proposed fresh evidence was neither fresh nor cogent.