AZTECH SCIENCE PTY LTD v ATLANTA AEROSPACE (WOY WOY) PTY LTD & ANOR [NO. 2] [2006] NSWCA 36

New South Wales Court of Appeal

CITATION: AZTECH SCIENCE PTY LTD v ATLANTA AEROSPACE (WOY WOY) PTY LTD & ANOR [NO. 2] [2006] NSWCA 36

HEARING DATE(S): 9 August 2005

JUDGMENT DATE: 6 March 2006

JUDGMENT OF: Handley JA; Bryson JA; Basten JA

DECISION: (1) Appeal allowed with costs; (2) Judgment of Barrett J of 19 October 2004 set aside; (3) Declare that, pursuant to a contract entered into by Mr Azzi, Dr Daevys and Atlanta Aerospace (Woy Woy) Pty Ltd, on 19 December 2002, which contract was entered into for the benefit of Aztech Science Pty Ltd a company not then formed, such contract being ratified by Aztech Science Pty Ltd within the time agreed by the parties to the contract, Aztech Science Pty Ltd became bound by the contract and entitled to its benefit, pursuant to s 131(1) of the Corporations Act 2001; (4) Declare that, pursuant to the contract, Atlanta Aerospace (Woy Woy) Pty Ltd assigned to Aztech Science Pty Ltd all property in the Work and Confidential Information, as defined in the contract; (5) Costs of the proceedings in the Equity Division to date be reserved and further questions of costs reserved; (6) Remit the matter to the Equity Division for such further or other relief as may be sought by Aztech Science Pty Ltd

LEGISLATION CITED: Corporations Act 2001, s131

CASES CITED: Aztech Science Pty Ltd v Stuart Daevys [2005] FCA 1828

Aztech Science Pty Ltd - Appellant PARTIES: Atlanta Aerospace (Woy Woy) Pty Ltd - First Respondent Stuart Daevys - Second Respondent

FILE NUMBER(S): CA 40996/04

COUNSEL: Mr R. Montgomery - Appellant No Appearance - First and Second Respondents

SOLICITORS: McClellands - Appellant No Appearance - First and Second Respondents