We Two Pty Ltd v Shorrock (No 2) [2005] FCA 934

We Two Pty Ltd v Shorrock (No 2) [2005] FCA 934

The settlement agreement effected an accord and satisfaction releasing We Two Pty Ltd's claims in both the Australian and United States actions, and it was an implied term that We Two Pty Ltd would discontinue or have dismissed its claim in the United States action. The Federal Court had jurisdiction to enforce the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 July 2005
Procedural Posture
Application by Motion in a Federal Court Action to Enforce Terms of Settlement and Address a Foreign Default Judgment and Injunction / Reasons for Judgment on Motion After Settlement; Claim and Cross Claim Dismissed; Motion Adjourned for Further Hearing
Outcome
The claim and cross-claim were dismissed; the motion filed on 1 July 2005 was adjourned to a date to be fixed; costs were reserved.
Legal Topics
['foreign Judgment Allegedly Obtained in Breach of Settlement Agreement' 'compromise of Action' 'accord and Satisfaction' 'enforcement of Settlement Terms' 'summary Procedure by Motion' 'federal Court Jurisdiction' 'trade Mark Infringement' 'passing Off' 'misleading or Deceptive Conduct']
['private International Law' 'practice and Procedure' 'contract Law' 'intellectual Property'] ['foreign Judgment Allegedly Obtained in Breach of Settlement Agreement' 'compromise of Action' 'accord and Satisfaction' 'enforcement of Settlement Terms' 'summary Procedure by Motion' 'federal Court Jurisdiction' 'trade Mark Infringement' 'passing Off' 'misleading or Deceptive Conduct']

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Procedural Posture

Application by Motion in a Federal Court Action to Enforce Terms of Settlement and Address a Foreign Default Judgment and Injunction / Reasons for Judgment on Motion After Settlement; Claim and Cross Claim Dismissed; Motion Adjourned for Further Hearing

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction to enforce terms of settlement of an action properly instituted in the Court.' 'Whether an application to enforce the compromise could be brought by motion in the action rather than by a fresh proceeding.' "Whether the settlement agreement released and discharged We Two Pty Ltd's claims in the Australian action and the United States action." 'Whether We Two Pty Ltd breached the settlement agreement by continuing the United States action and procuring the permanent injunction.' 'Whether discretionary factors including delay, alleged breach of the injunction, and alleged breach of the settlement agreement justified refusing relief requiring We Two Pty Ltd to take steps to vacate the United States judgment.' 'Whether the presence of Mr Housden as a plaintiff in the United States action affected the utility of any order against We Two Pty Ltd.']

Ratio Decidendi

The settlement agreement effected an accord and satisfaction releasing We Two Pty Ltd's claims in both the Australian and United States actions, and it was an implied term that We Two Pty Ltd would discontinue or have dismissed its claim in the United States action. The Federal Court had jurisdiction to enforce the settlement and could do so by motion in the existing action. By taking the United States action to final judgment, We Two Pty Ltd violated the settlement agreement; however, because Mr Housden was also a plaintiff in the United States action and was not a party to the settlement agreement, the Court could not on the present evidence determine whether an order requiring We Two...

Court Disposition

The claim and cross-claim were dismissed; the motion filed on 1 July 2005 was adjourned to a date to be fixed; costs were reserved.

Orders

  • ['The claim and cross-claim be dismissed.' 'The motion filed on 1 July 2005 is adjourned to a date to be fixed.' 'Costs reserved.']