BETWEEN TRACPLUS GLOBAL LIMITED Applicant AND SHAWN DEAKER First Respondent V2TRACK (2022) LIMITED Second Respondent

[2023] NZHC 3828

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CIV-2023-442-36

[2023] NZHC 3828

BETWEEN

TRACPLUS GLOBAL LIMITED

Applicant

AND

SHAWN DEAKER

First Respondent

V2TRACK (2022) LIMITED

Second Respondent

Hearing:

On the papers

Counsel

P J Napier and P J Shanahan-Pinker for Applicant

T Smith and O C Gascoigne for First and Second Respondents

Judgment:

20 December 2023

JUDGMENT (NO. 2) OF RADICH J

[1]        In concluding my decision of 7 December 2023, I said:

[55]      I will leave it to the parties at this stage to determine how in a procedural sense they wish to take matters from here. It seems to me that, effectively, the case has proceeded through the determination of a separate question under subpart 4 of pt 10 of the High Court Rules and that, unless TracPlus wishes to discontinue the proceeding, an order may be made dismissing the proceeding under r 10.19.

[56]      I ask the parties to address that point in the first instance through a joint memorandum to be filed within five working days of the date of this decision.

[2]        The applicant, in a memorandum in response, has said that it is not discontinuing the proceeding and that it would expect that an order would be made under r 10.19 of the High Court Rules 2016 dismissing the proceeding. The respondent takes no issue with that course.

TRACPLUS GLOBAL LIMITED v DEAKER [2023] NZHC 3828 [20 December 2023]

[3]        Accordingly, the proceeding is dismissed.

Radich J

Solicitors:

K3 Legal, Auckland for Applicant

Mallett Partners, Wellington for First and Second Respondents