French v Bremner [2020] NSWCA 339

"No new claims, no new claims. (No new claims. No, no new.)"

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A created an invention and R wanted to help commercialise it.

R made a loan of $335K to A, and then a further $3m loan. The two also became involved in property development together, with R providing some finance: [10], [11]

A lender sued A for failing to keep up with finance payments. A cross-claimed against R alleging a number of agreements.

A said R was contractually obliged to pay A (i) the money A had to pay the lender, (ii) $39m for breaching an agreement to commercialise the invention, and (iii) some property management fees: [18]

(R also cross-claimed against A seeking repayment of the loans, and declarations of resulting trusts for some properties: [19], [20])

A's cross-claim failed on all counts: [22]

Crucially, A explicitly said he was not pursuing any claims arising from the law of partnership nor any equitable remedies: [52], [53]

A appealed, saying the judge should have found there was a partnership and equitable relief should flow: [41]

The CoA said A's appeal could only be about claims he brought at first and could not raise a partnership claim on appeal, having failed to do so at first: [61]

A's appeal was dismissed.

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