Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
CORR
) ) } No. QLD G120 of 1983 ) )
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND
BETWEEN :
MICHAEL JAMES DURACK
First Appellant
AND:
POOL FABRICATIONS PTY. LIMITED
Second Appellant AND: RODNEY WEBB
Third Appellant AND:
POOL FAB (SOUTHSIDE) PTY. LIMITED
Fourth Appellant AND:
ASSOCIATED POOL BUILDERS PTY.
Respondent
IGENODA
Amendment to the Reasons for
December 1983.
Judgment of the Court of 21
Page 3 Line 16: Insert a full stop after "appellant" and
delete "on 3 December 1980,".
B. RAMSAY
ASSOCIATE TO THE CHinr JUDGE
18 January 1984
CATCHWORDS
Patents - Petty Patent - Threat of legal proceedings by patentee
- Infringement alleged - Validity of petty patent challenged -
Combination petty patent - Alleged want of novelty and obviousness. Practice - Interlocutory injunctions - Balance of convenience -
Undertakings not to make threats previously given in relation to an application for a standard patent covering the same invention - Difficulty for respondent to establish damace suffered 1f
injunction not aranted - Appellants' freedom to notify existence
of petty patent.
Patents Act 1952 - ss.45A(2), 49A, 658A, 68B, 121, 122.
MICHAEL JAMES DURACK AND OTHERS v. ASSOCIATED POOL BUTLDERS Pry.
LIMITED
No. Qld. G120 of 1983
Bowen C.d., Fox and Fitzaerald JJ.
21 December 1983
Brisbane
IN THE FEDERAL COURT OF AUSTRALTA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
JUDGES: WHERE MADE:
DATE:
No. QLD G120 of 1983
we ~ ew
ON APPEAL FROM THE SUPREME COURT OF _ QUEENSLAND
BETWEEN :
MICHAEL JAMES DURACK
bad First Appellant AND:
BQOL FABRICATIONS PTY. LIMITED
Second Appellant AND: RODNEY WEBB Third Appellant AND: POOL FAB (SOUTHSIDE) PTY. LIMITED Fourth Appellant AND:
ASSOCIATED FOOL BUILDERS PTY. LIMITED
Respondent
ORDER
Bowen C.d.. Fox and Fitraeralid JJ.
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