Falkenhagen v West [2019] FCA 2055

Falkenhagen v West [2019] FCA 2055

The application for summary judgment must be dismissed because contested factual matters surrounding the alleged agreement preclude determination that the respondents have no prospect of success; such matters are not suitable for summary determination.

Jurisdiction
Australia
Judgment Date
22 November 2019
Procedural Posture
Application for Summary Judgment / Interlocutory Application Determination
Outcome
Application dismissed with costs
Legal Topics
['patents' 'summary Judgment' 'failure of Consideration']
['practice and Procedure' 'intellectual Property'] ['patents' 'summary Judgment' 'failure of Consideration']

Case Brief

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Procedural Posture

Application for Summary Judgment / Interlocutory Application Determination

Legal Issues

  1. 1 ['Whether summary judgment is appropriate in relation to paragraphs 37 and 38 of the statement of claim' 'Whether there has been a total failure of consideration under the contested agreement']

Ratio Decidendi

The application for summary judgment must be dismissed because contested factual matters surrounding the alleged agreement preclude determination that the respondents have no prospect of success; such matters are not suitable for summary determination.

Court Disposition

Application dismissed with costs

Orders

  • ['The application is dismissed.' "The applicant pay the respondents' costs of the application."]