GSM (Operations) Pty Ltd v Suwenda (No. 2)

In the case of GSM (Operations) Pty Ltd v Suwenda (No. 2), the parties were engaged in a dispute concerning the termination of a licence agreement and the subsequent use of marketing materials. The matter was heard in the Supreme Court of Queensland, where the plaintiff sought summary judgment on the grounds of the termination of a 2004 licence agreement and the expiry of a limited licence period.

The primary legal issue before the court was whether the 2004 licence agreement was validly terminated, and if so, whether the termination resulted in a deemed assignment and transfer of control. Another issue was the relevance of Indonesian law to the questions of assignment and control, given that the defendant was an Indonesian entity and the agreement was governed by Queensland law. Additionally, the court had to consider whether the plaintiff was entitled to summary judgment in relation to a claim for possession or use of marketing materials, which were alleged to be foreign movables.

The court held that the 2004 licence agreement was indeed validly terminated, and that the termination resulted in a deemed assignment and transfer of control, effectively changing the management. Regarding Indonesian law, the court found that it was not relevant to the questions of assignment and control, as the proper law of the relevant agreement was Queensland law. The court also determined that the plaintiff was not entitled to summary judgment in relation to the claim for possession or use of marketing materials, as there were factual disputes regarding the nature and ownership of the materials, and the relevance of correspondence passing between Australia and Indonesia.

The court granted a declaration that the 2004 licence agreement was validly terminated and that the limited licence period had expired. However, the court refused to grant summary judgment in relation to the claim for possession or use of marketing materials, as there were unresolved factual issues that needed to be determined at a trial.