Federal Court of Australia
CATCHWORDS
PRACTICE AND PROCEDURE - Application to set aside service outside Australia - Patent infringement claim with associated claim for breach of confidential information - Case against foreign respondent, in connection with infringement claim, that this respondent participated in the infringement within Australia by other respondents - Whether the evidence shows a prima facie case - Whether Court should refuse to entertain
claim in the exercise of its discretion.
Patents Act 1952, ss.113, 118, 124. Federal Court Rules, Order 8 rules 1, 2.
NSW G.260 of 1988 B.E.S.T. AUSTRALIA LIMITED & ORS v AQUAGAS MARKETING PTY LIMITED & ORS
Wilcox J Sydney 15 July 1988
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSW G.260 of 1988
eee
GENERAL DIVISION
BETWEEN: B.E.S.T. AUSTRALIA LIMITED
First Applicant
BROWN'S ENERGY SYSTEMS & TECHNOLOGY PTY LIMITED
Second Applicant YULL BROWN
Third Applicant
AND: AQUAGAS MARKETING PTY LIMITED
First Respondent
HYDROX CORPORATION LIMITED Second Respondent
JAMES DAVID CHAPLIN
Third Respondent
MORRIS WILLIAM WALKER
Fourth Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 15 JULY 1988
MINUTES OF ORDER
THE COURT ORDERS THAT:
Note:
The Notice of Motion dated 4 July 1988 be dismissed.
The applicant in the motion, Hydrox Corporation Limited, pay to the respondents to the motion, B.E.S.T. Australia Limited, Brown's Energy Systems & Technology Pty Limited and Yull Brown, their costs of
the motion.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSW G.260 of 1988
GENERAL DIVISION
BETWEEN: B.E.S.T. AUSTRALIA LIMITED
First Applicant
BROWN'S ENERGY SYSTEMS & TECHNOLOGY PTY LIMITED
Second Applicant YULL BROWN
Third Applicant
AND: AQUAGAS MARKETING PTY LIMITED
First Respondent HYDROX CORPORATION LIMITED Second Respondent
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