Bankside barristers Sam Lowery, Josh Suyker, and Monique Pitt have secured a significant result for JJK Group and Taonga IP in Rascals International Ltd v Taylor [2026] NZHC 2279.
The proceedings arose following JJK’s $300,000 purchase of the Treasures nappies brand in 2020. The plaintiffs, Zuru and Rascals, owned a competing nappy business. They alleged JJK and Taonga IP acquired Treasures because Grant Taylor, a former Rascals director, diverted the acquisition opportunity to JJK and gave them Rascals’ business model.
Rascals said it had a plan to buy Treasures and would have done so if JJK had not.
The pleaded claim sought $66 million in damages (reduced at trial to $20 million) and a constructive trust over the Treasures trademarks.
JJK asserted a $1 million counterclaim, alleging that Nick Mowbray made misleading and deceptive statements to Countdown, which resulted in trading terms less favourable to JJK.
Justice Gardiner dismissed the plaintiffs’ claims, finding they failed on almost every level. Her Honour found that the information Grant Taylor provided to JJK was not confidential or was not known by JJK to be confidential.
The plaintiffs’ case also failed on loss causation because Rascals did not have a plan to buy Treasures, and was unlikely to have done so if JJK had not been involved.
Justice Gardiner also dismissed JJK’s counterclaim. Her Honour found that Nick Mowbray’s written messages to Countdown were misleading and deceptive and caused loss, but that JJK’s claim was time-barred.
The plaintiffs denied the existence of Nick Mowbray’s written messages until after the limitation period expired.
Sam Lowery and Monique Pitt acted for JJK Group, instructed by Russell van Hout. Josh Suyker acted for Taonga IP, instructed by Denham Bramwell.
Further Reading
NZ Herald, 10 August 2026.
BusinessDesk, 10 August 2026.
National Business Review, August 2025.
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