Nguyen v Northern Sydney Local Health District (No 2)

In this case, the plaintiff, Nguyen, sought damages from the Northern Sydney Local Health District (the respondent) for breach of contract. Nguyen was one of the four inventors of a biomedical invention that was developed while he was employed at the respondent’s health research institute. A commercialisation agreement was executed between the institute and one of the four inventors, which included a conditional obligation to re-assign patents if a “suitable commercialisation deal” was not reached within a specified period. Nguyen made a re-assignment offer, which he claimed the respondent failed to accept. This led to a loss of opportunity, and Nguyen sought damages for the respondent's failure to re-assign the patents and their breach of the obligation to use best endeavours to arrange his continuing employment.

The court was required to decide whether the conditions for re-assignment were satisfied and whether the respondent's failure to re-assign the patents constituted a breach of contract. The court also needed to determine whether the respondent breached their obligation to use best endeavours to arrange continuing employment for Nguyen and if so, what damages, if any, were owed to him.

The court found that the conditions for re-assignment were satisfied, and the respondent's failure to re-assign the patents constituted a breach of contract. The court held that the respondent breached their obligation to use best endeavours to arrange continuing employment for Nguyen. The court found that Nguyen failed to prove his damages, and therefore, no damages were awarded. The court held that the respondent was not liable to pay any damages to Nguyen.

The court dismissed Nguyen's claim for damages and made no orders for costs. The court found that the respondent was not liable to pay any damages to Nguyen for the breach of contract. The court held that Nguyen failed to prove his damages, and therefore, no damages were awarded. The court also found that the respondent was not in breach of their obligation to use best endeavours to arrange continuing employment for Nguyen.