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Works of a Similar Nature

The IPONZ decision between New Dawn International Ltd and Nick Williams [2012] NZIPOTM (19 March 2012) demonstrates that unless there is a causal connection between the original works and another works that is of a similar nature, an application for the declaration of invalidity of the other similar works will be declined. W claimed that [...]

August 1st, 2012|Categories: Legal Developments|Tags: , |

A Warning for Directors to Exercise Caution

Ravensdown Fertiliser Co-Operative v Eveleigh (HC, 4/4/2012) issues a warning for company directors to be cautious when required to sign an application to extend a credit facility. R claimed it had a personal guarantee from both M and D Eveleigh for outstanding debts owed by them to R. M and D signed the extended credit [...]

August 1st, 2012|Categories: Legal Developments|Tags: , |

The True Ramifications of a Lien

In the recent case of Denaro Ltd v Onyx Bar & Café (Cambridge) Ltd (HC, 01/02/2011), the Court upheld that restitutionary damages could be awarded for a breach of contract. The case concerned a purchase of a café/bar which included a restraint of trade clause in the sale. The vendor, unbeknown to the purchaser, never [...]

August 1st, 2012|Categories: Legal Developments|Tags: , |