Ian James Burden, PGT Reclaimed (International) Limited and Plantation Grown Timbers (Vietnam) Limited v ESR Group (NZ) Limited - SC 96/2023

Media releases

MR [2025] NZSC 18 (PDF 291 KB)

Summary

Civil Appeal

Result

A The application for leave to appeal is granted (ESR Group (NZ) Ltd v Burden [2023] NZCA 335).
B The approved questions are as follows:
(a) Was the Court of Appeal correct to conclude, for the purposes of s 9(1) of the Copyright Act 1994, that a copyright holder’s consent is not necessary for a work to be “in circulation”?
(b) Was the Court of Appeal correct to conclude, for the purposes of s 9(1) of the Copyright Act 1994, that circulation outside of New Zealand could constitute “circulation”?
7 December 2023
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A The appeal is allowed.
B The High Court order awarding damages is reinstated.
C The respondent must pay the appellants costs of $25,000, plus usual disbursements. We allow for second counsel.
D Costs in the Courts below, if not agreed, can be settled by those Courts.
25 March 2025

Date of Hearing

26 April 2024

Judges

Glazebrook, Ellen France, Williams Kós and O'Regan JJ

Case Synopses

Hearing date 26 April 2024 (PDF 447 KB)

Submissions from counsel

Hearing Transcripts

Hearing date 26 April 2024 (PDF 471 KB)