Federal Court of Australia
FEDERAL COURT OF AUSTRALIA CORPORATIONS - external administration - leave to proceed - applicant owned certain patents - administrators of respondent allegedly continuing to infringe those patents in carrying on respondent's business - lengthy extension obtained from Supreme Court of Western Australia for convening second meeting of creditors - applicant sought leave to proceed against respondent for infringement of patents and for misleading or deceptive conduct - whether application should be transferred to Supreme Court of Western Australia - application not so transferred - leave granted to institute and prosecute proposed proceedings to the extent of applying for interlocutory relief against the respondent.
Corporations Law s 440D
Western Australia v Vetter Trittler Pty Ltd (1991) 30 FCR 102 referred to Acton Engineering Pty Ltd v Campbell (1991) 31 FCR 1 referred to Foxcroft v The Ink Group Pty Ltd (1994) 12 ACLC 1063 considered BBC Hardware Ltd v. G.T. Homes Pty Ltd (1997) 15 ACLC 431 considered Wallabah Pty Ltd v Navillo Pty Ltd (1997) 15 ACLC 396 considered J & B Records v Brashs Pty Ltd (1994) 12 ACLC 534 considered Re Behan; Ex parte Pioneer Concrete (Qld) Pty Ltd (1995) 13 ACLC 1644 considered Pasdale Pty Ltd v Concrete Constructions Ltd (1996) 14 ACLC 554 considered Roder Zelt-Und Hallenkonstruktionen GMBH v Rosedown Park Pty Ltd (1995) 13 ACLC 776 considered Simoon Pty Ltd v Renbay Systems Pty Ltd (1995) 13 ACLC 1792 considered Australian Liquor, Hospitality and Miscellaneous Workers' Union v Terranora Lakes Country Club Pty Ltd (1996) 19 ACSR 687 referred to
PIONEER WATER TANKS (AUSTRALIA 94) PTY LTD v
DELAT PTY LTD
no. wag 3022 OF 1997
CARR J PERTH 10 NOVEMBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAG 3022 of 1997
GENERAL DIVISION
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