Federal Court of Australia
' — he Fractice anu Frocedure - appricallon for directions as to commencement of proceeding - re-opening olf appeal - effect of provision in Federal Court Rules for aiving directions
Appeal - claim for infringement of copyriaht - appeal to High
Courl From decision of Full Court of Federal Court '(on appeal from State Supreme Court) successful - desire by unsuccessful party to re-open appeal to adduce further evidence - whether Federal Court has jurisdiction and power to entertain appeal ~- relevance of bill
of review procedure - scope of s.24 of Federal Court Act
Federal Court of Australia Act 1976 s.24
Federal Court Rules 0.1 r.9: 0.52 ¢.36
Copyright Act 1968 sub-s.39(2), s.71, s.131A, sub-s.131B(2) Judiciary Act 1903 sub-s.35(2) and 39(2)
EDWARDS HOT WATER SYSTEMS (A FIRM) v. S.W. HART & CO. PTY. LID.
No. WA G100 of 1985
TOOHEY J. PERTH 31 DECEMBER 1985 _
'.
/ .
IN THR FEDERAG COURT 1 OF AUSTRALIA , WES'TERH AUSTRALIA ! No. WA G100 of 1985 DISTRICT REGISTRY ! GENERAL DIvISlON '
BETWEEN: EDWARDS HOT WATER SYSTEMS (A Firm)
Applicant
and
S.W. HART & CO. PTY. LTD.
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: TOOHEY J.
DATE OF ORDER: 31 December 1985 WHERE MADE: Perth
THE COURT ORDERS THAT:
The application be dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G100 of 1985
~~ re
BETWEEN:
EDWARDS HOT WATER SYSTEMS «A Firm)
Applicant and S.W. HART & CO. PLY. LTD.
Respondent
CORAM: TOOHEY J. 31 December 1985
REASONS FOR JUDGMENT
This is a novel application. In effect the applicant seeks to re-open litiqation that beqan in the Supreme Court of Western Australia in 1980. went on appeal to the Federal Court and
was concluded by the High Court in September 1985.
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