Smuggler Marine and Orion have been victorious in the Supreme Court of New Zealand, with the court ruling it accepted the respondents’ submission that the Court of Appeal made no error of principle, and that Sealegs application for leave has been dismissed.
Smuggler and Orion will now be rigorously pursuing all court costs and damages from Sealegs.
The Appeal Court lifted the original High Court injunction in August this year meaning Smuggler and Orion have been back in the amphibious market since August 2019 and can report extremely strong sales and interest in their products.
Sealegs claims that the amphibious system developed by the second respondent, Orion Ltd and Orion Marine Ltd, infringed Sealegs’ copyright. Sealegs succeeded in the High Court, but the Court of Appeal allowed an appeal against that judgment. Sealegs appealed on the basis there were errors of principle in the Court of Appeal decision which warrant the application for leave to appeal being granted. In particular, Sealegs submits that the Court of Appeal did not apply the law as set out in two previously documented cases.
After considering both the written and oral submissions from the parties, the court
accept the respondents’ submission that the Court of Appeal made no error of principle. Instead Sealegs’ complaint is that the Court of Appeal misapplied the law to the facts. The added that they did not consider the case raises an issue of general or public importance, nor does it raise a risk of a miscarriage of justice.