We advised our client, Bettergrow Pty Ltd, who were defending a patent infringement case in the Supreme Court of Queensland. Our partner, Tony Conaghan advised Bettergrow, and he was assisted by Special Counsel, Neil Sadler.
It was alleged that our client be jointly and severally liable for another party’s alleged breaches of a Settlement Deed and Australian patent. The proceeding turned solely on the interpretation of the Settlement Deed and whether joint and several liability was intended by the parties. At first instance, we successfully obtained Summary Judgment in our client’s favour, and the proceeding was dismissed with costs awarded to our client.
Subsequently, the Plaintiffs appealed the decision before the Full Court of Appeal. The Full Court upheld the findings of the primary Judge, being that on the proper construction of the Settlement Deed, joint and several liability was not imposed on our client. Judgment was delivered ex tempore and the Appeal was dismissed with costs awarded to our client.
We were happy to have achieved this successful result in our client’s favour – and the decision reinforces the need for clear drafting of Deeds and Agreements, if there is an intention to create joint and several liability.