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French v Bremner [2020] NSWCA 339
"No new claims, no new claims. (No new claims. No, no new.)"
__
A created an invention and R wanted to help commercialise it.
R made a loan of $335K to A, and then a further $3m loan. The two also became involved in property development together, with R providing some finance: [10], [11]
A lender sued A for failing to keep up with finance payments. A cross-claimed against R alleging a number of agreements.
A said R was contractually obliged to pay A (i) the money A had to pay the lender, (ii) $39m for breaching an agreement to commercialise the invention, and (iii) some property management fees: [18]
(R also cross-claimed against A seeking repayment of the loans, and declarations of resulting trusts for some properties: [19], [20])
A's cross-claim failed on all counts: [22]
Crucially, A explicitly said he was not pursuing any claims arising from the law of partnership nor any equitable remedies: [52], [53]
A appealed, saying the judge should have found there was a partnership and equitable relief should flow: [41]
The CoA said A's appeal could only be about claims he brought at first and could not raise a partnership claim on appeal, having failed to do so at first: [61]
A's appeal was dismissed.
___
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By James d'Apice
5
22 ratings
"No new claims, no new claims. (No new claims. No, no new.)"
__
A created an invention and R wanted to help commercialise it.
R made a loan of $335K to A, and then a further $3m loan. The two also became involved in property development together, with R providing some finance: [10], [11]
A lender sued A for failing to keep up with finance payments. A cross-claimed against R alleging a number of agreements.
A said R was contractually obliged to pay A (i) the money A had to pay the lender, (ii) $39m for breaching an agreement to commercialise the invention, and (iii) some property management fees: [18]
(R also cross-claimed against A seeking repayment of the loans, and declarations of resulting trusts for some properties: [19], [20])
A's cross-claim failed on all counts: [22]
Crucially, A explicitly said he was not pursuing any claims arising from the law of partnership nor any equitable remedies: [52], [53]
A appealed, saying the judge should have found there was a partnership and equitable relief should flow: [41]
The CoA said A's appeal could only be about claims he brought at first and could not raise a partnership claim on appeal, having failed to do so at first: [61]
A's appeal was dismissed.
___
If you'd like to keep in contact with me my socials are:
https://www.linkedin.com/company/coff...
https://www.youtube.com/channel/UCzo6...
https://www.instagram.com/coffeeandac...
https://www.facebook.com/CoffeeandaCa...
https://podcasts.apple.com/au/podcast...
https://twitter.com/coffeeandacase1?l...
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