8 Jul 2010
GENETIC TECHNOLOGIES LIMITED V CORSON GRAIN LIMITED HC GIS CIV 2009-416-0197
- Citation
- openlaw-faf5a8fe_cefe_42be_8ff7_fffa72cc6336.pdf
- Court
- High Court
The settlement agreement's clause 4(b) unambiguously requires that claims regarding product performance be supported by statistically significant results defined as confidence levels >=90%; the comparative graphs and presentations in the defendant's brochures amounted to claims about product superiority and thus breached the contract. Summary judgment was therefore granted for the plaintiff on the contract breach. The Fair Trading Act claims were not suitable for summary judgment because the evidence did not leave the Court without real doubt as to whether the relevant market would be misled,…