Allgas Energy Ltd v. East West International Gas Equipment P/L & Anor [1994] FCA 700

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AUBTRALIA

Attention: Judgments Clerk

Weth the Conploments off My Sustice R oC Cooper

Please find herewith copy judgment in the matter of Allgas Energy

Ltd. v. East West Int. Gas Equipment P/L and Tubby G47 of 1994 handed down by Cooper J. today 30.9.94 together with a disk containing a copy of same.

ith Hawdeds, Austr kyr

JUDGES' CHAMBERS

FEDERAL COURT OF AUSTRALIA 119 NORTH QUAY

BRISBANE 4000

AUSTRALIA

JUDGMENT No. 010c2OQ.. 2, CATCHWORDS

Interlocutory injunction - alleged joint infringers of patent no serious question to be

tried - balance of convenience does not arse - alleged infringement of copynght - no threat of further infringement.

Magna Alloys & Research Pty, Lid, v. Coffey [1981] VR 23

No. G47 of 1994 Cooper J., Brisbane, 30 September, 1994

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION 47 of 1994 BETWEEN: ALLGAS ENERGY LTD. Applicant AND EAST WEST INTERNATIONAL GAS EQUIPMENT PTY. LIMITED First Respondent AND JEFFREY ALLEN TUBBY Second Respondent IUDGE MAKING ORDER: Cooper J. WHERE MADE: Brisbane DATE OF ORDER: 30 September, 1994 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application for interlocutory injunctive relief 1s dismissed. 2. The costs of the application are reserved to the trial judge. ah, Ya Cad: Toy ge AK ANID 3°

Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No, G47 of 1994 BETWEEN: ALLGAS ENERGY LTD. Applicant AND EAST WEST INTERNATIONAL GAS EQUIPMENT PTY, LIMITED Exrst Respondent AND: TEFFREY ALLEN TUBBY Second Respondent CORAM: Cooper J. PLACE: Brisbane DATE: 30 September, 1994 REASONS FOR JUDGMENT

The applicant is the holder of Australian Standard Patent No. 644255 in respect of a control system for diesel engines running on a mixture of natural gas and diesel fuel. The applicant also claims copynght :n certain schematic diagrams, drawings