Zerofootprint Software Inc. v A2green Pty Ltd

Zerofootprint Software Inc. sued A2green Pty Ltd in the Federal Circuit Court, contesting a software licence agreement's terms and conditions. Zerofootprint, an Australian company, claimed that A2green, also an Australian entity, breached the agreement by failing to pay for the licensed software. The dispute centred on the interpretation of the licence agreement, particularly the obligations of A2green concerning payment and the conditions for terminating the agreement.

The court had to determine whether it was appropriate to address liability as a separate question from the quantum of damages before proceeding to determine the amount of any damages owed. The court examined the legal principles surrounding the separation of liability and quantum issues, considering the potential benefits and drawbacks of addressing these matters in a single proceeding versus separate determinations.

After examining the relevant legal principles and the circumstances of the case, the court concluded that it was appropriate to order the determination of liability as a separate question from the quantum of damages. This approach allowed the court to focus on the issues of liability without being influenced by the potential quantum of damages, which could have otherwise complicated the determination of liability. The court found that such an order would streamline the proceedings and ensure a more efficient and fair resolution of the dispute. The court ordered that liability be determined separately from the quantum of damages.