28 Nov 2016
NAPIER TOOL & DIE LTD v ORAKA TECHNOLOGIES LTD [2016] NZCA 554
- Citation
- [2016] NZCA 554
- Court
- Court of Appeal
The Court of Appeal held the High Court erred in awarding compensatory damages to the copyright owner for losses that were those of a separate legal entity (Oraka Graders Ltd). The exceptions relied upon did not apply. The $4.1m judgment was set aside and the matter remitted for assessment of quantum on the basis of a notional licence fee payable for each infringing use during the infringement period; claimant cannot recover third-party losses absent accountability or a recognised legal basis.