Huang v Abayawickrama

Huang sued Abayawickrama in the Federal Court, claiming damages for breach of contract and seeking orders for specific performance and injunctive relief. Abayawickrama denied the claims and counterclaimed for damages for deceit, breach of contract and for an account of profits. The court had to decide whether the application for injunctive relief was frivolous or vexatious, whether the application for specific performance was an abuse of process, whether the application for damages for breach of contract was statute-barred, and whether the counterclaims for damages for deceit, breach of contract and for an account of profits were statute-barred. The court found that the application for injunctive relief was not frivolous or vexatious, that the application for specific performance was not an abuse of process, that the application for damages for breach of contract was not statute-barred, and that the counterclaims for damages for deceit, breach of contract and for an account of profits were statute-barred. The court ordered that the application for injunctive relief be answered in the affirmative, that the initiating application be answered in the negative, that the application for damages for breach of contract be answered in the negative, and that the counterclaims be answered in the negative, except for the claim for damages for deceit, which was answered in the affirmative. The court also granted the applicant leave to file an application for leave to serve the initiating application on the first respondent in a foreign country.