Worldwide Resources Ltd & Ors v Global Medical Industries Pty Ltd & Ors [1997] FCA 946

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 433 of 1997 ) GENERAL DIVISION )

BETWEEN: WORLDWIDE RESOURCES LIMITED

First Applicant

AOL INTERNATIONAL PTY LIMITED

Second Applicant

PARAMOUNT CAPITAL EXCHANGE CORPORATION

Third Applicant

AND: GLOBAL MEDICAL INDUSTRIES PTY LIMITED

First Respondent

ANTHONY VASYLI

Second Respondent

KERRIE VASYLI

Third Respondent

JUDGES: LOCKHART, BURCHETT AND BRANSON JJ PLACE: SYDNEY DATED: 7 AUGUST 1997

REASONS FOR JUDGMENT THE COURT The applicants seek leave to appeal from the refusal of Young J in the Supreme Court of New South Wales to grant an interlocutory injunction to restrain alleged infringements of registered designs. The argument was conducted on the basis that, if the Court were minded to grant leave, it would also decide the appeal. The judgment challenged is extremely brief. It was delivered immediately after the reading of the applicants' affidavits, without the respondent being called upon to elect whether to go into evidence, and without any invitation to counsel for the applicants to address. As an appellate Court, we should not fail to be conscious of our advantages, nor should we overlook the difficulties of a busy duty judge with possibly a long list of motions. But we would not be performing our task if we did not point out that the efficient disposal of cases confers no benefit unless it is also a just disposal of them. In this case, had the learned Judge called upon counsel to present the argument which we heard, he could not have dismissed the application upon the ground upon which he did dismiss it. For the basis of the judgment is in a single sentence: "I would not be prepared to grant an interlocutory injunction, the principal reasons being those advanced by Mr Douglas QC earlier - his Honour was referring to some opening remarks of counsel for the respondents - that there has been delay in coming to the Court and that there is confusion with the facts."