Stratpharma Pty Ltd & Anor v HBBA Pty Ltd & Anor

[2022] VCC 888

County Court of Victoria

Built by Barristers,
For Australian Law.

1. Contractual interpretation
2. › distribution agreement between second plaintiff and first defendant
3. › first defendant purchasing and selling stock from second plaintiff
4. › whether title to stock passed from first defendant to second plaintiff upon termination of distribution agreement
1. Consultancy agreement between second plaintiff and first defendant
2. › first defendant running a sales team for the second plaintiff
3. › whether consultancy agreement entitled first defendant to withhold redundancy expenses paid from funds due to second plaintiff
4. › whether consultancy agreement entitled first defendant to withhold take-on fees from funds due to second plaintiff
1. Physical distribution agreement between first plaintiff and first defendant
2. › first defendant responsible for physical distribution only
3. › title to stock remained with first plaintiff
4. › whether first defendant was entitled to charge administration fees and insurance fees pursuant to the physical distribution agreement
1. Detinue
2. › whether first defendant wrongfully refused to deliver stock to first plaintiff upon termination of physical distribution agreement
3. › assessment of loss and damage
4. › perishable stock
5. › claim for exemplary damages