Federal Court of Australia
- Aen
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IN THE FEDERAL COURT OF AUSTRALIA
JUDGMENT NO. ssrmrDseneal esd Si
VICTORTA REGISTRY ) V.G. No. 111 of 1977 ———oo— ) - )
GENERAL DIVISION
i QUESTTON RESERVED BY TIM SUPREME COURT OF VICTORIA
BETWEEN : LUCAS INDUSTRIFS LIMITED
Plaintiff
CHLORIDE BATTERIES AUSTRALIA LIMITED Defendant
ORDER
JUDGES MAKING ORDER: Bowen C.J., Smithers and Nimmo JJ.
DATE OF ORDER: 3rd March, 1978 WHERE MADE: Sydney
THE COURT ORDERS THAT:
i. The question reserved for the consideration of this Court by Crockett J. by his order of 17th November 1977 be answered : No '
2. The applicant pay to the respondent its costs of the application in this Court and in the Supreme Court of Victoria.
CATCIIWORDS
Practice' 'and Procedure - Action for infringement of patent and counter-claim for revocation - Order for examination of witness overseas - Relevance of evidence - Obviousness of invention. Patents Act 1952 s.100(1)
Rules of the Supreme Court of Victoria 0.37 r.5.
LUCAS INDUSTRIES LIMITED v. CHLORIDE BATTERIES AUSTRALIA LIMITED
V.G. 111 of 1977
Coram: Bowen C.J., Smithers and Nimmo JJ.
3rd March, 1978.
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA REGISTRY ) V.G. No.111 of 1977 ) )
GENERAL DIVISION
QUESTION RESERVED BY THE SUPREME COURT OF VICTORIA
BETWEEN: LUCAS INDUSTRIES LIMITED Plaintiff ' AND: CHLORIDE BATTERIES AUSTRALIA LIMITED Defendant
CORAM: Bowen C.J., Smithers and Nimmo JJ.
Bea rared, February, 1978.
JUDGMENT
BOWEN C.J.: The question before the Court is whether a letter of request should issue for the examination of one Sven Uno Falk in London in the United Kingdom or such other place in the United Kingdom as may be thought proper or, in the alternative, whether the Court should order a special examination of the said Sven Uno Falk. During the hearing it appeared that if the Court were in favour of making an order, the parties would prefer that it be an order for special examination rather than for a letter of request. It also appeared that the applicant might wish to extend the
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