Westbase Technology Limited v Vuzix Corporation & Ors
The court found a good arguable case that an oral contract exists and that England is the appropriate forum, but the tort claims do not meet the serious issue to be tried threshold. The Permission Order is upheld for the contract claim but varied to exclude tort claims. No deliberate failure in full and frank disclosure was found, so the Permission Order is not set aside in full.
Source excerpt
- Jurisdiction
- Service out of jurisdiction
- Choice of law
- Forum conveniens
- Breach of contract
- Negligent misrepresentation