Rommelag, A.G. v Delta West Pty Ltd [1995] FCA 301

CATCHWORDS

COURTS AND JUDICIAL SYSTEM - Cross-vesting - application for leave to appeal to Federal Court from interlocutory order of State Supreme Court in third party proceedings where principal proceedings are for infringement of patent - third party proceedings raising questions of contract including choice of law and choice of jurisdiction - whether only matters for determination in application for leave to appeal were matters other than matters arising under Patents Act PATENT - exclusive appellate jurisdiction of Federal Court over infringement proceedings - whether extends to matter of application for leave to appeal from interlocutory order in third party proceedings - whether matter arising under Patents Act

Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) ss 7(3), 7(5), 7(7), 7(8) Patents Act 1990 (Cth) ss 120(1), 158(1) NEC Information Systems Australia Pty Ltd v Lockhart (1992) 108 ALR 561 G D Searle & Co v Drug Houses of Australia Pty Ltd (1984) 53 ALR 637 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 104 ALR 621 Felton v Mulligan (1971) 124 CLR 367 ROMMELAG AG v DELTA WEST PTY LTD VG 459 of 1994

CORAM: RYAN J PLACE: MELBOURNE DATE: 19 MAY 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIAN DISTRICT REGISTRY ) VG 459 of 1994 ) GENERAL DIVISION )

ON APPEAL FROM THE SUPREME COURT OF VICTORIA

BETWEEN: ROMMELAG AG Appellant AND: DELTA WEST PTY LTD Respondent CORAM: RYAN J PLACE: MELBOURNE DATE: 19 MAY 1995 MINUTE OF ORDERS THE COURT ORDERS: 1. IT IS DECLARED that the Federal Court of Australia has no jurisdiction to entertain the notice of appeal filed herein on 19 December 1994 or the application for leave to appeal filed herein on 22 March 1995. 2. IT IS ORDERED that the abovenamed appellant pay the respondent's costs of and incidental to the motion on notice herein dated 30 March 1995.