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ESR Group (NZ) Limited v Ian James Burden, Plantation Grown Timbers (International) Limited and Plantation Grown Timbers (Vietnam) Limited - SC 83/2017

Summary

Civil Appeal – Copyright Act 1994, ss 35, 120 and 232 – Whether the Court of Appeal erred in holding that the second and third respondents were entitled to enforce copyright in New Zealand – Whether the Court of Appeal erred in holding that the applicant infringed copyright by importation.

Result

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $4,500 and reasonable disbursements to the respondents.                                                                                            20 November 2017

Related Documents

High Court decision — BURDEN & ORS v ESR GROUP & ORS [2016] NZHC 1542  7 July 2016

Leave judgment - leave dismissed — ESR GROUP (NZ) LIMITED v IAN JAMES BURDEN [2017] NZSC 173 [20 November 2017] (PDF 199 KB)

Additional Information

Judgment appealed from

ESR GROUP (NZ) LIMITED v BURDEN [2017] NZCA 217  26 May 2017

Transcript civil leave application hearing Hearing date : 10 November 2017