ERA Polymers Pty Limited v Pacific Urethanes Pty Ltd & Ors [2014] NSWSC 1811

ERA Polymers Pty Limited v Pacific Urethanes Pty Ltd & Ors [2014] NSWSC 1811

The deed of settlement and release provided a complete bar to the plaintiff's claims; the Toll manufacturing deed did not confer or preserve a right that could overcome the release. The plaintiff's proposed claim, even as amended, is not seriously arguable.

Jurisdiction
Australia
Judgment Date
09 December 2014
Procedural Posture
Principal Judgment / Summary Judgment Application; Application for Leave to Amend Statement of Claim
Outcome
Plaintiff's applications and proceedings dismissed; costs awarded to defendants.
Legal Topics
['deeds of Settlement' 'release' 'summary Judgment' 'assignment of Claims' 'confidential Information']
['equity' 'commercial Law'] ['deeds of Settlement' 'release' 'summary Judgment' 'assignment of Claims' 'confidential Information']

Case Brief

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Procedural Posture

Principal Judgment / Summary Judgment Application; Application for Leave to Amend Statement of Claim

Legal Issues

  1. 1 ["Whether the deed of settlement and release bars the plaintiff's claims" 'Whether the Toll manufacturing deed preserves any claims for the plaintiff' 'Application of release to confidential information and formulations known before the deed' 'Proper construction of the deeds for the effect of the release']

Ratio Decidendi

The deed of settlement and release provided a complete bar to the plaintiff's claims; the Toll manufacturing deed did not confer or preserve a right that could overcome the release. The plaintiff's proposed claim, even as amended, is not seriously arguable.

Court Disposition

Plaintiff's applications and proceedings dismissed; costs awarded to defendants.

Orders

  • ["Plaintiff's notice of motion filed 9 September 2014 dismissed" 'Proceedings dismissed' "Plaintiff to pay the defendants' costs of the proceedings"]