Supatreats Asia Pte Limited v Grace & Glory Limited

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CIV-2018-470-000044

[2018] NZHC 2054

BETWEEN
SUPATREATS ASIA PTE LIMITED

First Plaintiff

SUPATREATS NZ LIMITED
Second Plaintiff

AND

GRACE & GLORY LIMITED

First Defendant

REDNEPS LIMITED
Second Defendant

ZHE XU
Third Defendant

Contd. over

Hearing: On the papers

Judgment:

13 August 2018

JUDGMENT OF WYLIE J

[Costs]

This judgment was delivered by Justice Wylie On 13 August 2018 at 10.00am
Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar

Date:…………………………

Solicitors/counsel:
Burton Partners, D Chisholm QC, Auckland Stewart Germann Law Office/K Quinn, Auckland

SUPATREATS ASIA PTE LTD v GRACE & GLORY LTD [2018] NZHC 2054 [13 August 2018]

J & S SPENDER
Fourth Defendant

CHANG XI
Fifth Defendant

SHAKE SHED & CO NZ LIMITED
Sixth Defendant

ZHENYU ZHONG
Seventh Defendant

[1] I refer to my judgment dated 2 July 2018.1 I held that Supatreats were entitled to their reasonable costs and disbursements.2

[2] A memorandum has been received from counsel for the plaintiffs. Costs are sought in the sum of $8,697, together with disbursements of $3,137.07. The total amount sought for costs and disbursements is accordingly $11,834.07.

[3] The memorandum has been referred to counsel for the defendants. They do not oppose costs and disbursements being awarded in these sums.

[4] Accordingly, I award costs and disbursements in favour of the plaintiffs and against the defendants in the total sum of $11,834.07. Liability as between the defendants is to be joint and several.

Wylie J

1 Supatreats Asia Pte Ltd v Grace & Glory Ltd [2018] NZHC 1612.
2 At [87].

CaseChat Overview and Summary

The case of Supatreats Asia Pte Limited v Grace & Glory Limited concerns an action brought by the plaintiffs, Supatreats Asia Pte Limited and Supatreats NZ Limited, against multiple defendants including Grace & Glory Limited, Rednep Limited, and several individuals. The plaintiffs sought a declaration that they were the sole and exclusive owners of intellectual property, and that the defendants had breached their agreement by using this intellectual property without authorization. The case was heard in the High Court of New Zealand at Tauranga, where Justice Wylie delivered the judgment on August 13, 2018.

The court had to determine whether the plaintiffs were entitled to the relief they sought and whether the defendants had infringed upon their intellectual property rights. The legal issues involved included the validity of the intellectual property rights, the terms of the agreement between the parties, and the extent of the defendants' infringement. The court also had to consider whether the plaintiffs were entitled to costs and disbursements and, if so, in what amount.

Justice Wylie ruled in favor of the plaintiffs, confirming their ownership of the intellectual property and finding that the defendants had indeed infringed upon these rights. The court granted the plaintiffs' request for a declaration of ownership and awarded costs and disbursements in the amount of $11,834.07, jointly and severally against the defendants. The judgment emphasised the importance of respecting intellectual property rights and the consequences of failing to do so. The court's decision was clear and definitive, providing the plaintiffs with the relief they sought and setting a precedent for future cases involving similar issues.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established