A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


Tuesday, 28 October 2014
Executive Summary (One Minute Read)
Kafataris v Davis (NSWSC) - equity - trusts - patents - declaration that plaintiff was inventor refused - no misuse of confidential information
Ausfert Pty Ltd v Superfert Dongbu Pty Ltd (SASC) - cross-vesting - proceedings arising out of joint venture transferred to Supreme Court of Western Australia
Summaries With Link (Five Minute Read)
Kafataris v Davis [2014] NSWSC 1454
Supreme Court of New South Wales
Sackar J
Equity - trusts - misuse of confidential information - plaintiffs sought relief in relation to invention subject of patent application, and relief on basis of agreements, estoppel, misleading and deceptive conduct, unconscionability and breach of copyright - plaintiffs reduced case to whether plaintiff should be regarded as an inventor within s15 Patents Act 1990 (Cth) and whether there had been misuse of plaintiff's confidential information by defendants - material contribution to final form of invention - extent to which information confidential in nature - held: plaintiff not entitled to declaration that he was inventor or declaration of constructive trust in his favour on basis of breach of confidence - judgment for defendants.
Ausfert Pty Ltd v Superfert Dongbu Pty Ltd [2014] SASC 157
Supreme Court of South Australia
Parker J
Cross-vesting - parties were involved in business of manufacturing and supplying
fertiliser products - proceedings arising out of a joint venture relating to fertiliser industry - second defendant sought transfer of proceedings to Supreme Court of Western Australia under s5(2)(b)(iii) Jurisdiction of Courts (Cross-vesting) Act 1987 (SA) - held: there was complete lack of connection with South Australia except for plaintiff's choice of solicitor - all relevant Australian connections were with Western Australia - interests of justice required transfer of proceedings.
Ausfert Pty Ltd