Federal Court of Australia
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2 | 177 JUDGMENT No. .L 26 He, \ <
CATCHWORDS 4
Patent - Proceedings remitted from High Court to State Supreme Court - Stay of proceedings in Supreme Court ~ Transfer of
proceedings to another Supreme Court.
Judiciary Act 1903, s.44; Patents Act 1952; s.147
L. GROLLO & CO. PTY. LTD. and WINCOPE (AUST.) PTY. LTD. v. HAROLD ALBERT SEALEY
No. G4 of 1979
Coram: Bowen C.J., Franki and Toohey JJ.
Perth
ll May 1979.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIAN REGISTRY No. G4 of 1979
wee we Ow
GENERAL DIVISION
BETWEEN:
L. GROLLO & CO. PTY. LTD. and WINCOPE (AUST.) PTY. LTD.
Appellants
- and -
HAROLD ALBERT SEALEY
Respondent
ORDER
JUDGES MAKING ORDER
Bowen C.J., Franki and Toohey JJ.
DATE OF ORDER 11 May 1979.
ae
Perth
WHERE MADE
THE COURT ORDERS THAT:
The appeal be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W.A. No. G4 of 1979
ee Sw
GENERAL DIVISION
BETWEEN:
L. GROLLO & CO. PTY. LTD. and WINCOPE (AUST.) PTY. LTD.
Appellarts
AND:
HAROLD ALBERT SEALEY
Respondent
CORAM: Bowen C.J. Franki J. Toohey J.
il May 1979.
REASONS FOR JUDGMENT
We have come to the conclusion that this appeal should be dismissed. The reasons which follow are the reasons of the Court. The appeal is from the judgment of a single judge of the Supreme Court of Western Australia. We will refer to L. Grollo and Company Proprietary Limited as the first appellant, Winccpe (Aust.) Proprietary Limited as the second appellant and Harold Albert
Sealey as the respondent.
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wet - wee eee ne ene ca ee a he i an oe het
By a writ dated 9 September 1976 the respondent commenced an action against both appellants in the High Court of Australia for infringement of a patent. The first appellant filed its defence on 20 December 1976. The second appellant filed its defence on 8 August 1977, after a motion seeking judgment against it had been filed on the ground that it had failed to file its defence.
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