IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2015-404-003135
[2020] NZHC 2705
BETWEEN DETECTION SERVICES LIMITED
First Plaintiff
DETECTION SOLUTIONS LIMITED
Second PlaintiffDETECTION SERVICES PTY LIMITED
Third PlaintiffDETECTION SOLUTIONS PTY LIMITED
Fourth PlaintiffSTEPHEN CARL JOHN SIMMONS
Fifth Plaintiff
AND
CHRISTOPHER LORRAINE PICKERING
First Defendant
AQATAR LIMITED
Second DefendantJAKE VAN DER PEYL
Third Defendant
Hearing: 21 September 2020 Appearances:
M Corlett QC and R Butler for the Plaintiffs
A Barker QC and J Grimmer for the Defendants
Judgment:
15 October 2020
JUDGMENT OF WOOLFORD J
[As to damages]
is judgment was delivered by me on Thursday, 15 October 2020 at 11:30 am pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
DETECTION SERVICES LIMITED v PICKERING [2020] NZHC 2705 [15 October 2020]
[1] By judgment dated 21 November 2019, the Court of Appeal remitted this proceeding back to this Court to determine the quantum of damages payable by the first and second defendants (together “the defendants”) to the third and fourth plaintiffs (together “the plaintiffs”) for losses caused by breaches of the defendants’ obligations under a joint venture with the plaintiffs.1 Liability is not an issue. The Court of Appeal confirmed that the defendants were at fault by failing to supply a leak detection system, which the parties had jointly developed, to the plaintiffs. As a result of the defendants’ failure, the plaintiffs had to develop their own system at some cost.
[2] The factual background is summarised in the Court of Appeal judgment as follows:
[2] Stephen Simmons, who lives in Sydney, is the founder of the Detection Services group of companies which specialises in detecting leaks in water pipes. The group comprises the two appellant companies, both based in Australia, and two related New Zealand companies, Detection Services Ltd and Detection Solutions Ltd. For convenience, we will refer to these companies collectively as “Detection Services”. Detection Services’ customers include various Australian water authorities responsible for public water supply.
[3] Christopher Pickering, who lives in Auckland, is the founder of the second respondent, Aqatar Ltd, a company incorporated in New Zealand in January 2010. Mr Pickering has expertise in computer software development.
[4] Mr Simmons and Mr Pickering were long-standing friends until they fell into dispute over ownership of a new computer-controlled leak detection system, which the High Court found was designed and built for Detection Services in a joint venture between the parties. The system was intended to be used by Detection Services to detect leaks in high-pressure water mains. In very general terms, the system was a refinement of existing technology involving the deployment of a hydrophone attached to the head of a cable into the main. As the hydrophone travels down the main with the water flow it transmits acoustic changes to the operator indicating the location of a leak. Mr Pickering proposed that the new system be controlled using a computer that would display and record the data collected. The…
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