Sealed Air Australia Pty Limited v Aus-Lid Enterprises Pty Ltd (2020) FCA 29

Sealed Air Australia Pty Limited v Aus-Lid Enterprises Pty Ltd [2020] FCA 29
Federal Court of Australia
Kenny J
Inducing breach of contract – consumer law – patent – applicant sued fourth respondent ‘for procuring or inducing a breach of contract’ by first and second respondents (‘Aus-Lid’) and for misleading or deceptive conduct – ‘patent licence agreement’ – whether ‘subsisting contract between’ applicant and Aus-Lid – whether certain conduct by Aus-Lid would breach contract – whether fourth respondent knew of contract and knew Aus-Lid’s conduct would breach contract – whether fourth respondent intended to induce and induced Aus-Lid to breach contract by conduct – whether applicant suffered loss or damage due to breach of contract – Daebo Shipping Co Ltd v The Ship Go Star [2012] FCAFC 156 – ‘wilful blindness or reckless indifference’ – whether ‘bona fide belief reasonably entertained’ – causation – rule in Browne v Dunn – s236 Australian Consumer Law – Butcher v Lachlan Elder Realty Pty Limited [2004] HCA 60 – held: fourth respondent induced Aus-Lid’s breach of contract – claim of misleading or deceptive conduct not established – judgment for applicant.
Sealed Air