Hanshaw v Stampin' Up! Australia Pty Ltd [2012] NSWSC 396

Hanshaw v Stampin' Up! Australia Pty Ltd [2012] NSWSC 396

The plaintiff's interlocutory application failed because there was no serious question to be tried that the settlement agreement prevented the defendant from terminating the Demonstrator Agreement without cause under clause 19(a), nor any serious ground for challenging the defendant's clause 18(c) non-renewal notice. In any event, the balance of convenience did not favour an injunction because the bankrupt plaintiff could not provide a worthwhile undertaking as to damages and the defendant would be entitled to terminate for breach. The defendant was entitled to interlocutory relief because the plaintiff had the defendant's copyright materials and property containing its intellectual...

Jurisdiction
Australia
Judgment Date
19 April 2012
Procedural Posture
Interlocutory Applications in Equity Division Duty List / Applications for Interlocutory Injunctions
Outcome
Plaintiff's notice of motion dismissed; defendant's interlocutory injunction granted until further order; costs orders made.
Legal Topics
['interlocutory Injunctions' 'termination of Demonstrator Agreement' 'serious Question to Be Tried' 'balance of Convenience' 'confidential Information and Intellectual Property' 'vesting of Property Upon Bankruptcy']
['practice and Procedure' 'equity' 'contract' 'intellectual Property' 'bankruptcy'] ['interlocutory Injunctions' 'termination of Demonstrator Agreement' 'serious Question to Be Tried' 'balance of Convenience' 'confidential Information and Intellectual Property' 'vesting of Property Upon Bankruptcy']

Case Brief

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Procedural Posture

Interlocutory Applications in Equity Division Duty List / Applications for Interlocutory Injunctions

Legal Issues

  1. 1 ['Whether there was a serious question to be tried that the plaintiff was entitled to restrain the defendant from giving effect to the purported termination of the Demonstrator Agreement.' "Whether a settlement agreement limited the defendant's right to terminate the Demonstrator Agreement to termination for breach of the Demonstrator Manual." "Whether the defendant's notice of intention not to renew under clause 18(c) was ineffective or contrary to an undertaking given to the Court." 'Whether the balance of convenience favoured an interlocutory injunction restraining the defendant from treating the Demonstrator Agreement as terminated.' "Whether the defendant should obtain interlocutory relief restraining the plaintiff from holding herself out as associated with the defendant and from using the defendant's intellectual property or confidential information."]

Ratio Decidendi

The plaintiff's interlocutory application failed because there was no serious question to be tried that the settlement agreement prevented the defendant from terminating the Demonstrator Agreement without cause under clause 19(a), nor any serious ground for challenging the defendant's clause 18(c) non-renewal notice. In any event, the balance of convenience did not favour an injunction because the bankrupt plaintiff could not provide a worthwhile undertaking as to damages and the defendant would be entitled to terminate for breach. The defendant was entitled to interlocutory relief because the plaintiff had the defendant's copyright materials and property containing its intellectual...

Court Disposition

Plaintiff's notice of motion dismissed; defendant's interlocutory injunction granted until further order; costs orders made.

Orders

  • ["Order that the claims for relief in the plaintiff's notice of motion filed on 27 March 2012 be dismissed." "Upon the cross-claimant giving the usual undertaking as to damages, order that until further order the cross-defendant by herself, her servants and agents be restrained from representing herself to be a...