Tiny Intelligence Limited v Resport Limited

[2008] NZSC 85

IN THE SUPREME COURT OF NEW ZEALAND

SC 55/2008
[2008] NZSC 85

BETWEENTINY INTELLIGENCE LIMITED

Appellant

ANDRESPORT LIMITED

Respondent

Court:Blanchard, Tipping and McGrath JJ

Counsel:C R Carruthers QC and G J Harley for Appellant

K W Clay for Respondent

Judgment:21 October 2008 

JUDGMENT OF THE COURT

A        Leave to appeal is granted.

B        The approved ground is whether the Court of Appeal was correct to decide that “additional damages” under s 121(2) of the Copyright Act 1994 cannot be awarded when the plaintiff elects as its principal relief an account of profits. 

Solicitors:
The Mairehau Law Centre, Christchurch for Appellant
M S Tutty, Christchurch for Respondent