21 Dec 1998
DIETER HEINZ STEIMECKE AND OTHERS v. ARMIDALE LTD. AND OTHERS
- Citation
- DIETER HEINZ STEIMECKE AND OTHERS v. ARMIDALE LTD. AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA11299/1997
The judge held that the plaintiffs failed to demonstrate a good arguable case that Jenoptik procured the breach or used improper means; the contested contractual clause was, in any event, uncertain and unenforceable as drafted; an arm's‑length acquisition for valuable consideration with knowledge of the documents did not amount to procurement, and therefore the Master's grant of leave to serve out was wrong and must be set aside.