Henkel Kgaa v Holdfast NZ Limited - SC 43/2006

Summary

Civil – copyright infringement – appellant, who was successful in High Court, a “world leader” in the industry using same copyright works throughout the world – whether Court of Appeal failed to take account of statutory presumptions in Copyright Act 1994, s 127 – whether Court of Appeal ignored relevant authorities and misapplied the tests for infringement of compilations and for work derived from admittedly infringing copies – whether Court of Appeal relied upon two erroneous findings about the appellant’ s case in the High Court, resulting in a substantial miscarriage of justice CA 248/04  17 May 2006

Result

Leave to appeal granted.
4 August 2006
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Appeal dismissed. Costs to respondent $15,000 plus disbursements.
30 November 2006

Additional Information

Holdfast NZ Ltd v Henkel KGAA [2006] NZCA 88   17 May 2006