An action where the respondent made an application pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) (FCA) and r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) for summary judgment in respect of all or part of the applicant’s claim. The applicant, B & K Holdings (Qld) Pty Ltd (B&K), and the respondent, Garmin Australasia Pty Ltd (Garmin), were previously…
Garmin Australasia Pty Ltd v B & K Holdings (Qld) Pty Ltd [2018] QCA 353
18-12-18 / Michael Trim, Mei Barnes — Appellate, Contract
An appeal against a decision not to award summary judgment. The issue was whether the Appellant was entitled to bring an action for the price of goods under a contract of sale, or was limited to an action for damages for breach of contract. The appeal was allowed in part.…
