5 Dec 2005
HEINZ WATTIE'S LIMITED V SPANTECH PTY LIMITED CA CA198/04
- Citation
- openlaw-2e2551bf_ac95_4832_830f_cee241779216.pdf
- Court
- Court of Appeal
The Court held that the judge should have considered all communications up to the time of primary infringement but, on the facts pleaded, HW could have authorised BPM by directing construction 'as per the existing adjacent Potato Stores' and therefore the summary judgment/striking out application would not succeed; consequently the appeal and cross-appeal were dismissed and costs awarded to the respondent.