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Foxworth Pty Ltd v Polwood[2006] QCA 570

Foxworth Pty Ltd v Polwood[2006] QCA 570

CITATION: Foxworth Pty Ltd v Polwood [2006] QCA 570
JUDGE(S): Williams JA, Helman J, Philippides J
DELIVERED ON: 22 December 2006
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Editorial Notes

  • Published Case Name:

    Foxworth P/L & Ors v Polwood P/L & Ors

  • Shortened Case Name:

    Foxworth Pty Ltd v Polwood

  • MNC:

    [2006] QCA 570

  • Court:

    QCA

  • Judge(s):

    Williams JA, Helman J, Philippides J

  • Date:

    22 Dec 2006

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2006] QSC 18501 Aug 2006Trail of claim seeking return of chattel and infringing copies pursuant to Copyright Act, declarations regarding whether a deed is void, termination of the deed, entitlements under the Patents Act, and damages for fraudulent misrepresentation under the TPA, and for breach of warranty; damages claims, TPA claims, Patent Act claim dismissed, successful in recovery of chattel as modified: Muir J.
Primary Judgment[2007] QSC 40309 Feb 2007Costs of trial following [2006] QSC 185; no order as to costs: Muir J.
Appeal Determined (QCA)[2006] QCA 57022 Dec 2006Appeal against TPA findings dismissed with costs; no basis for overturning the finding made by the learned trial judge that the representation was an inducing cause of the Deed; not demonstrated that the trial judge erred in concluding that Foxworth did not lawfully terminate the contract and that in consequence Polwood was entitled to the deposit: Williams JA, Helman and Philippides JJ.

Appeal Status

Appeal Determined (QCA)

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