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Wilson Harle

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Supreme Court enforces 'use it or lose it' trademark rule

New Zealand - October 17 2017 The Supreme Court recently clarified the law applicable to unused registered trademarks in New Zealand and limited the scope of protection afforded to trademarks under the Trademarks Act 2002

Email Chains: Discovery Obligations

New Zealand - September 30 2009 In Todd Pohokura Ltd v Shell Exploration NZ Ltd(1) the High Court considered the discovery obligations of parties to litigation with regard to the

Supreme Court decision seen as warning for litigation funders

New Zealand - February 6 2018 The Supreme Court recently issued a somewhat controversial decision of significance in the area of litigation funding

Restricted scope of judicial review for government procurement decisions restored by Court of Appeal

New Zealand - April 25 2017 The Court of Appeal recently reversed, on appeal, a High Court judgment setting aside the Ministry of Health's decision to award problem gambling

Unravelling trust assets - trustee powers deemed relationship property

New Zealand - April 29 2015 When a marriage or relationship breaks down and there are significant assets in trust structures, bitter disputes and attempts to access those trusts

Supreme Court brings final clarity to prospectus liability

New Zealand - November 13 2018 The Supreme Court recently considered the liability of those associated with the 2004 Feltex Carpets initial public offering of shares under NZ

Contractual penalties again

New Zealand - August 28 2018 A recent High Court decision adopted the perspective taken in the United Kingdom and Australia on the contractual penalties rule, shifting focus from

No costs entitlement without lawyer's invoice - parties using in-house lawyers lose entitlement to costs

New Zealand - July 17 2018 Since 1983 it has been the position in New Zealand that a party can recover costs in cases where it has been represented by a lawyer that it employed

Context is everything - court adopts purposive approach to runway end safety area criteria

New Zealand - March 27 2018 A recent Supreme Court judgment considered a judicial review application about the length of runway end safety areas under a proposed runway extension

Duty of care owed by local authority to commissioning owner after stadium collapse

New Zealand - March 13 2018 The Supreme Court recently reversed a Court of Appeal judgment that a local authority did not owe a duty of care to a commissioning owner in issuing a