10 Mar 2022
CAVALIER CORPORATION LTD v PEBBLEMILL LTD [2022] NZHC 419
- Citation
- (2022) 166 IPR 206
- Court
- High Court
The Court granted the inspection order under r 9.34 but excluded the plaintiff's employee (Mark Hussey) from participating because Bremworth failed to establish Hussey was the only suitable expert; independent experts were available (e.g. AgResearch candidate) and any marginal evidential benefit from Hussey attending did not outweigh the real risk of irreversible disclosure of defendants' commercially sensitive information; protective terms and confidentiality undertakings were imposed and reciprocal inspection rights granted.