Eastland Technology Australia Pty Ltd v Whisson

The case involved a dispute between Eastland Technology Australia Pty Ltd and others (the applicants) and Dr Maxwell Edmund Whisson, Dean Brian Prestidge, and Silverfern Nominees Pty Ltd (the respondents). The applicants sought to set aside deeds of settlement and pursue their previous claims, alleging breaches of fiduciary duty and misleading or deceptive conduct. The respondents counterclaimed for breach of a licence agreement. The applicants also sought to enforce a Calderbank offer made by the respondents, seeking indemnity costs if the offer was rejected. The Supreme Court of Western Australia dismissed the application and gave judgment to the respondents on their counterclaim. The Court found that the deeds of settlement were valid and that the respondents had not acted in breach of fiduciary duty or engaged in misleading or deceptive conduct. The Court also found that the applicants had unreasonably rejected a generous Calderbank offer, and awarded indemnity costs to the respondents from a certain date.