In a positing on the Microlatch website yesterday Mr Burke asserted that Microlatch had successfully defended its position against Charter Pacific, winning an application in the Supreme Court of Brisbane during October. This is false. The proceeding in October 2017 did not consider any aspect of the merits of a dispute between the parties. Mr Burke is either misrepresenting the position or is unaware of what happened in court.
What is clear is that the Share Purchase Agreement executed by Charter Pacific and the Microlatch Group of companies on 27 September 2016 remains on foot. Mr Burke seems intent on ignoring his obligations under the Share Purchase Agreement and otherwise misleading the public. Charter Pacific will enforce its rights in court under the Share Purchase Agreement. Any attempt by the Microlatch companies to commercialise patents without Charter Pacific will further expose the Microlatch companies to a claim for compensation (which will embroil any party who works with them). Mr Burke’ statements that the Share Purchase Agreement between Charter Pacific and the Microlatch group of companies has been terminated are untrue, have caused confusion and potential damage to the transaction, and will be dealt with through the courts.