Julian Miles

Biography

With his in-depth experience of commercial litigation, defamation, media law, intellectual property and information technology disputes, Julian is highly sought after by clients to lead complex commercial litigation.

He was a litigation partner with the firm Bell Gully from 1969 to 1990, when he went to the independent bar. The following year he took silk, later becoming President of the New Zealand Bar Association (1994 -1995) and President of the Medico-Legal Society (1987 – 1988).

As one of only four practitioners ranked in band 1 of the Dispute Resolution Bar in New Zealand by Chambers Global Julian has a wide ranging commercial and appellate practice with particular expertise in media, intellectual property law and employment law.

Recent Experience

Crocodile International Pte Ltd v Lacoste CA 639/2015 CA - judgment dated 11 April 2016 Successfully defending the judgment from Collins J dated 6 October 2015 in the Court of Appeal. Part of a long running dispute between two competing claimants to the Crocodile Mark and Device. Issues included use of Crocodile marks amounting to use of another mark having no material difference.

Assa Abloy NZ Ltd v Allegion CIV 2013-404-004178 Appearing for a defendant and counterclaim plaintiff in a three week hearing in the High Court, May 2016, dealing with infringement and patent validity issues.

Kumar Metal Industries PVT Ltd v PTR HC – judgment dated 3 March 2016 per Muir J Obtaining ex-parte interim injunction preventing the calling up of a performance bond.

Air New Zealand Ltd v NZALPA – [2016] NZCA 131 Appearing in the Court of Appeal for Air New Zealand successfully overturning an Employment Court ruling on the proper construction of a Collective Employment Agreement.

Air New Zealand Ltd v H Appearing in the Court of Appeal, 15 June 2016 for Air New Zealand on appeal from an Employment Court judgment holding that the investigation by Air New Zealand into allegations of sexual harassment was inadequate.

Escrow Holdings 41 Ltd v District Court at Auckland and Body Corporate 341188 Appearing in the Supreme Court to argue that the Court of Appeal had failed to properly differentiate between easements and restrictive covenants and failing to take into account extraneous documents that would assist in the interpretation of the restrictive covenant.

Jennings v Fairfax - July 2016 Settling a significant defamation action against Fairfax due to be heard before a jury mid-July 2016.

Chambers & Chambers HC - judgment dated 6 April 2016 per Mallon J Application to remove executors of a will on the basis of conflict – significant discussion on obligations of executors and beneficiaries in circumstances including second marriages and obligations to children.

Hagar v The Attorney General HC – judgment dated 7 December 2015 per Clifford J A successful application to set aside a search warrant and obtaining a ruling that the search of Nicky Hagar’s premises was illegal on the basis that the police had failed to advise the Court that he was a journalist and entitled to statutory privilege.

Cure Kids v National Sids Council of Australia Ltd [2015] 3 NZLR 90 High Court judgment of Simon Moore J dealing with issues of use of a trademark outside the statutory 3 year period and how a court should exercise its discretion in such circumstances.

Crocodile International v Lacoste [2015] NZHC 2432 per Clifford J Successfully arguing that ongoing use of the CROCODILE device and work mark was use of another trade mark not materially different to the CROCODILE marks and copyright issues involving a trade mark.

Tasman Insulation v Knauf Insulations [2014] NZHC 960 per Brown J Successfully defending an application to expunge Pink Batts as a trade mark as being generic.

Tasman Insulation v Knauf Insulation – CA judgment [2015] NZCA 602 Successfully defending an application to expunge Pink Batts as a trade mark as being generic.

Karum v Fisher & Paykel - CA judgment [2014] 3 NZLR 421 A 6 week High Court trial followed by a four day appearance in the Court of Appeal resulting in a leading judgment on copyright infringement of financial software programs.

Slater v Blomfield [2014] NZHC 2221 per Asher J Appointed as amicus to assist the Court in determining issues defining the definition of a journalist, whether Whale Oil was a news medium and how the s.68 Evidence Act discretion should be exercised.