Cases

Arief International Inc v Celador International Ltd

Held

Granting judgment for Arief: (1) Clause 15 had to be construed by reference to Celador's commercial purposes in including it in the agreement, and not by reference to any required minimum number of key staff involved in production or to the nature of the licensee. Such purposes were served by interpreting the clause to require the licensee to retain ultimate control over the production, which Arief had done. In the circumstances, "assign" meant a complete alienation of the subject matter assigned, which had not occurred. The qualified rights granted to RCTI did not amount to a sub-licensing or delegation of the right to produce. (2) If, on the contrary, Arief had breached the contract, Celador had not waived its right to rely on that breach and refuse a renewal of the contract.

Also