Ahmad v MPA Engineering Pty Ltd (Subsidiary of Aquatec Maxcon Group Ltd) (No 3)

This proceeding concerned an application by the applicant, Mr Ahmad, for an order that the respondent, MPA Engineering Pty Ltd, pay him a sum of money representing the value of certain intellectual property rights. The dispute arose from an agreement between the parties concerning the development and commercialisation of a new type of water treatment technology. The applicant alleged that the respondent had breached this agreement by failing to pay him for the intellectual property rights he had contributed. The matter came before Cameron J in the Supreme Court of Victoria.

The central legal issue before the Court was whether the applicant had established a claim for an account of profits or an award of equitable compensation for the misappropriation of his intellectual property rights. This required the Court to determine the nature and extent of the intellectual property rights that had been transferred or licensed to the respondent under the agreement, and whether the respondent's subsequent actions constituted a breach of those rights. The Court also had to consider the appropriate measure of damages or equitable relief available to the applicant.

Cameron J found that the applicant had successfully established that the respondent had used his intellectual property without proper authorisation or compensation, thereby breaching the terms of their agreement. The Court reasoned that the respondent had benefited from the applicant's contributions to the water treatment technology, and that it would be inequitable for the respondent to retain those benefits without accounting for them. Applying principles of equitable compensation and the law of unjust enrichment, the Court determined that the applicant was entitled to be compensated for the value of the intellectual property that had been utilised by the respondent. The Court ordered that the respondent pay the applicant a sum representing the value of the intellectual property rights, to be determined by further assessment if not agreed between the parties.