Federal Court of Australia
-—
JUDGMENT No. 9347.81.
CATCHWORDS
Practice and procedure - avpeal to Federal Court from judgment of Supreme Court of Victoria - anterlocutory order for security for costs made by Federal Court pursuant' to
Patents Act 1952 and in default appeal be dismissed - source of power to make order - whether the Court has power to vary or set aside the order after it has been entered - whether
Court has power to vary an order made by consent pursuant to an agreement entered into between the varties where such @gGveeMeNet 15 1M Che Nature of a 'real contract and where tne
validity of the agreement is not challenged.
Federal Court of Australia Act 1976 ss.24,25,26,27,56,59
= 7 A Rotas 77 1 -F - «ft = ai Court Rusas ©.23 vr. 1,2,6, 3.355 rr.s,7,
éc 36 rr.8,9,10, 0.52 rr.1,20,38
durisdiction of Courts (Miscellaneous Amendments, Act 1387 5.5
Patents Act 1952 s55.6,6A,148,170
Patents Amendment Act 1976 ss.2,3,4,7
R.D. WERNER & CO. INC.
and BAILEY ALUMINIUM PRODUCTS PITY. LTD.
V. No. G 147 of 1987
NORTHROP J. 4 NOVEMBER 1937 MELBOURNE
AX RECEIVFA = ANOV 1987
PRINCIPAL REGISTRY
o
N_THE ERAL COURT OF AUS IA
VICTORIA DISTRICT REGISTRY GENERAL DIVISTON
V. No. G 147 of 1987
wwe weww
ON APPEAL FROM THE SUPREME COURT OF VICTORIA
SRIWESA.
R.D. WERNER & CO. INC. Appellant and BAILEY ALUMINIUM PRODUCTS PTY. LTD. Respondent
COURT: NORTHROP J.
C3
ATE : 4 NOVEMBER 1337
PLACE: MELBOURNE
MINUTE OF ORDER
THE COURT ORDERS THAT the motion be refused with costs.
GO G al] rag os (Settlement and entry of Orders 1s dealt with in 0.3 Rules of Court.)
IN FEDERAL COURT OF AUS IA
VICTORIA DISTRICT REGISTRY GENERAL DIVISTON
V. No. G 147 of 1987
ON_APPEAL FROM THE SUPREME COURT OF VICTORIA
SIT oes st Soha
R.D. WERNER & CO. INC. Appellant and BAILEY ALUMINIUM PRODUCTS PTY. LTD. Respondent
COURT: NORTHROP J.
DATE : 4 NOVEMBER 1337
PLACE: MELBOURNE
REASONS FOR JUDGMENT
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