Sealed Air Australia Pty Limited v Aus-Lid Enterprises Pty Ltd [2020] FCA 29

FEDERAL COURT OF AUSTRALIA

Sealed Air Australia Pty Limited v Aus-Lid Enterprises Pty Ltd [2020] FCA 29 File number: NSD 6 of 2015

Judge: KENNY J

Date of judgment: 24 January 2020

Catchwords: TORTS – economic torts – tort of inducement or procurement of breach of contract – whether intention to induce or procure breach of contract – actual knowledge – wilful blindness or reckless indifference – when honest belief sufficient defence to the tort – relevance of failure to make reasonable inquiries – supposed possible repudiation of contract – whether payments in consideration of inconsistent dealing amounted to inducement of breach CONSUMER LAW – misleading or deceptive conduct – statements of opinion – whether statement of willingness and ability to supply patented product misleading and deceptive – effect of statement on commercial parties – nature of interest represented – whether loss or damage suffered "because of" misleading and deceptive conduct – whether third party relied on relevant statements PATENTS – interest granted under patent licensing agreement – whether later-in-time licensee might have an effective licence, the giving of which by the licensor was a breach of contract with another party DAMAGES – damages for inducement or procurement of breach of contract – damages following default judgment against first respondent for breach of contract

Legislation: Consumer and Competition Act 2010 (Cth) Sch 2, Australian Consumer Law, ss 18, 236 Corporations Act 2001 (Cth) ss 126, 127 Patents Act 1990 (Cth) Sch 1 Trade Practices Act 1974 (Cth) ss 52, 82 Federal Court Rules 2011 (Cth) rr 5.22, 5.23