Doug Andrews Heating and Ventilation Limited v Andrews
[2013] NZHC 1407
•13 June 2013
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV 2009-404-004759 [2013] NZHC 1407
BETWEEN DOUG ANDREWS HEATING AND VENTILATION LIMITED AND MULTI KC LIMITED
Plaintiff/First Counterclaim Defendant
ANDDOUG RICHARD ANDREWS Second Counterclaim Defendant
WAYNE JAMES DIL First Defendant
GARY ROY MITCHEL Second Defendant
G & W IMPORTS LIMITED
Third Defendant/Counterclaim Plaintiff
Hearing: 12 June 2013
Appearances: C Elliott for the Plaintiffs
D L Marriott for the Defendants
Judgment: 13 June 2013
JUDGMENT OF ASSOCIATE JUDGE CHRISTIANSEN
This judgment was delivered by me on
13.06.13 at 4:30pm, pursuant to
Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
DOUG ANDREWS HEATING AND VENTILATION LIMITED AND MULTI KC LIMITED v D R ANDREWS [2013] NZHC 1407 [13 June 2013]
[1] The plaintiffs apply for orders for inspection of four portable hangi cookers owned by non parties in support of its challenge to the validity of the defendants’ counterclaim patent.
[2] The owners of those four cookers have agreed to make them available for inspection. There will be orders accordingly in terms of paragraph 3 of Counsels’ joint memorandum prepared for today’s hearing.
[3] In that outcome the only matter for decision concerns the plaintiffs claim for costs in connection with the preparation, filing and service of its discovery application.
[4] After hearing counsels submissions the Court rules that costs are to lie where they fall.
[5] The Court considers that the defendants were on the periphery of the purposes for which the application was made and were hardly responsible for any difficulties that arose in securing the outcome the plaintiff did. Otherwise in significant respects it appears the defendants have appropriately assisted in securing the cooperation of the third parties to provide delivery of the cookers concerned.
[6] In the circumstances it is inappropriate to award costs.
Associate Judge Christiansen
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