Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
LED Technologies Pty Ltd v Roadvision Pty Ltd [2012] FCAFC 3 Citation: LED Technologies Pty Ltd v Roadvision Pty Ltd [2012] FCAFC 3
Appeal from: LED Technologies Pty Ltd v Roadvision Pty Ltd [2011] FCA 146
Parties: LED TECHNOLOGIES PTY LTD (ACN 100 887 474) v ROADVISION PTY LTD (ACN 126 736 776) and BAXTERS PTY LTD (ACN 005 204 044)
File number: VID 215 of 2011
Judges: MANSFIELD, BESANKO AND FLICK JJ
Date of judgment: 10 February 2012
Catchwords: TORT – appeal concerning claim for damages for tort of inducing or procuring breach of contract – where appellant had contractual rights with respect to moulds from which third-party manufacturer produced automotive LED lamps – where manufacturer contractually prohibited from selling or manufacturing lamps made from moulds into Australia or New Zealand – where respondents entered into commercial contract with manufacturer to produce automotive LED lamps - whether respondents induced or procured breach of contract by manufacturer of its contract with the appellant – whether "reckless indifference" or "wilful blindness" to breach by manufacturer sufficient to establish mental element of tort of inducing or procuring breach of contract – whether failure of respondent to make reasonable enquiries amounted to wilful blindness. Held: The appeal should be dismissed. INTELLECTUAL PROPERTY – appeal concerning application for infringement under Designs Act 2003 (Cth) – cross-claim for invalidity of registered designs under the Act - meaning of term "informed user" for purposes of the Act - where alleged similarities between registered designs and respondent's product were features in common with prior art – whether registered design of appellant was "new and distinctive" so as to be valid under the Act - whether design embodied in respondents' product was "substantially similar in overall impression" to registered designs of appellant – whether trial judge placed disproportionate weight on differences allegedly invisible when in situ. Held: The appeal and cross-appeal should be dismissed.
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