U & I Global Trading (Australia) Pty Ltd v Tasman-Warajay Pty Ltd [1995] FCA 794

CATCHWORDS

CONTEMPT OF COURT - Whether sending of a letter threatening legal proceedings in relation to a patent breached undertaking given to the court - undertaking not given to the court - whether contempt proceedings applicable to breach of undertaking given inter partes - whether to allege that undertaking was given to the court when that was factually incorrect and to attempt to enforce undertaking by contempt proceedings was itself "contempt in the face or hearing of the court" or "contempt in connection with proceedings in the court" - appropriate remedy not contempt but stay or strike out of proceedings as abuse of process. PATENTS - Interlocutory injunction sought to restrain respondent from threatening infringement or other similar proceedings against applicant and others - serious question that letter amounted to unjustifiable threat - onus of proving justification on patentee or holder of patent application - impact of threats potentially very damaging - balance of convenience in favour of granting interlocutory injunctive relief - interlocutory injunction sought to restrain alleged infringement of petty patent - conflicting expert evidence - serious question to be tried - balance of convenience against making order - risk of irreparable damage to applicant (alleged infringer). WORDS AND PHRASES - "contempt in the face or hearing of the court" - "contempt in connection with proceedings in the court" - "unjustifiable threats".

Patents Act (1990) (Cth) ss.57, 128, 129, 131 Federal Court Rules O.40 r.5(1)

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