Brookfield Multiplex Limited v International Litigation Funding Partners Pte Ltd (No 3)

The parties involved in this case are Brookfield Multiplex Limited and International Litigation Funding Partners Pte Ltd. The dispute revolves around an agreement for litigation funding and the circumstances under which the funding agreement could be terminated. The case was heard in the Supreme Court of New South Wales.

The primary legal issues the court had to address were whether the funding agreement had been properly terminated and whether the termination was justified. Specifically, the court needed to determine whether there had been a breach of contract by Brookfield Multiplex Limited and whether such a breach warranted the termination of the funding agreement by International Litigation Funding Partners Pte Ltd. The court also needed to examine whether the termination of the funding agreement was procedurally and substantively valid.

The court's reasoning involved a detailed examination of the terms of the funding agreement and the events leading up to the termination. It found that the funding agreement was clear about the conditions under which it could be terminated and that the termination was properly executed according to those terms. The court concluded that Brookfield Multiplex Limited had indeed breached the agreement, justifying the termination by International Litigation Funding Partners Pte Ltd. The court further held that the termination was both procedurally and substantively valid. Consequently, the court dismissed the action brought by Brookfield Multiplex Limited and ordered that they pay the costs of the action to International Litigation Funding Partners Pte Ltd.