Ian James Burden, PGT Reclaimed (International) Limited and Plantation Grown Timbers (Vietnam) Limited v ESR Group (NZ) Limited - SC 96/2023
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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
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
Date of Hearing
26 April 2024
Judges
Glazebrook, Ellen France, Williams Kós and O'Regan JJ
Case Synopses
Submissions from counsel
- Hearing date 26 April 2024 Appellants Submissions (PDF 2.3 MB)
- Hearing date 26 April 2024 Appellants Chronology Fact (PDF 194 KB)
- Hearing date 26 April 2024 Appellants Chronology WCT dates (PDF 215 KB)
- Hearing date 26 April 2024 Respondent submissions (PDF 351 KB)