ERA Polymers Pty Limited v Pacific Urethanes Pty Limited [2015] NSWCA 283

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: ERA Polymers Pty Limited v Pacific Urethanes Pty Limited [2015] NSWCA 283 Hearing dates: 2 September 2015 Date of orders: 02 September 2015 Decision date: 18 September 2015 Before: Beazley P; Macfarlan JA; Meagher JA Decision: Reasons for order made 2 September 2015 published.

Order confirmed:

Summons seeking leave to appeal dismissed with costs. Catchwords: CONTRACTS – construction and interpretation of contracts – whether deed of settlement and release applied to rights in issue in proceedings – ownership of intellectual property rights – whether rights arising from an attached deed to the deed of settlement and release were governed by the deed of settlement and release – whether licence to manufacture product using confidential information conferred by terms of the attached deed Cases Cited: La La Land Byron Bay Pty Limited v The Independent Liquor and Gaming Authority [2015] NSWCA 254 Category: Principal judgment Parties: ERA Polymers Pty Limited (Applicant) Pacific Urethanes Pty Limited (First Respondent) Owen Bertram Stam (Second Respondent) Gerard John Murray (Third Respondent) Peter Edward Brooksbank (Fourth Respondent) James Stephen Hall (Fifth Respondent) Representation: Counsel: J Kelly SC (Applicant) D Sulan (Respondents)

Solicitors: Photios Vouroudis & Co (Applicant) Norton Gledhill (Melbourne) (Respondents) File Number(s): 2014/371582 Decision under appeal Court or tribunal: Supreme Court Citation: ERA Polymers Pty Limited v Pacific Urethanes Pty Ltd & Ors [2014] NSWSC 1811 Date of Decision: 9 December 2014 Before: White J File Number(s): 2014/185701