The Baker IP Trust v Diving Services NZ Ltd

[2021] NZHC 3567

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CIV-2020-442-6

[2021] NZHC 3567

UNDER

the Copyright Act 1994

IN THE MATTER

of copyright infringement

BETWEEN

THE BAKER IP TRUST

Plaintiff

AND

DIVING SERVICES NZ LTD

First Defendant

BRUCE LEONARD LINES

Second Defendant

Hearing:	On the papers
Appearances:	A J Pietras for plaintiff J R Wach for defendants
Judgment:	20 December 2021

RESULTS JUDGMENT OF ASSOCIATE JUDGE JOHNSTON

[1]                 This file was referred to me on Friday 17 December 2021, which happens to have been the last sitting day of the year. I see that the plaintiff’s application is dated 21 September 2021, and that the defendants filed and served their notice of opposition on 6 October 2021. Clearly the matter should have been dealt with long before now.

[2]                 I have read the application, the affidavit evidence in support, the notice of opposition and counsel’s clear and helpful submissions. In the circumstances it strikes me that the parties are entitled to an answer.

THE BAKER IP TRUST v DIVING SERVICES NZ LTD [2021] NZHC 3567 [20 December 2021]

[3]                 The view I take is that the proceeding should go to trial in its totality, so that the Court has before it both liability and quantum. The essential reason is efficiency and the prospect of delay in the event of the plaintiff being successful on liability.

[4]                 If the plaintiffs would like me to provide more detailed explanation for the view I take in a reasons judgment, then they are entitled to that, and I will of course do so. But that will not be until the New Year. In the meantime, it seemed important for the Court to be a little more responsive than it has thus far been on this.

Associate Judge Johnston

Solicitors:

A J Pietras & Co Ltd, Lower Hutt for plaintiff James and Wells, Auckland for defendants