RGC Mineral Sands Ltd v Wimmera Industrial Minerals Pty Ltd [1999] FCA 17

FEDERAL COURT OF AUSTRALIA

RGC Mineral Sands Limited v Wimmera Industrial Minerals Pty Ltd [1999] FCA 17

PRACTICE AND PROCEDURE – application for injunction to restrain opponent of grant of patent from representing in opposition proceeding before Commissioner of Patents that opponent and not applicant was the inventor and that applicant had unlawfully obtained the invention from opponent without its consent – applicant alleging in Court proceeding that opponent's "obtaining representation" false and in contravention of s 52 of Trade Practices Act 1974 – applicant also alleging that opponent had represented to applicant, in contravention of that section, that it would not repeat the obtaining representation and had contracted with applicant not to do so and that it was estopped from doing so – motion for order that opponent not make the obtaining representations to the Commissioner until three months after determination of Court proceeding – jurisdiction of Court – power of Court, in effect, to stay proceeding before specialist tribunal from which appeal lies to Court – discretionary factors – respect to be accorded to legislature's vesting of function of making primary decision in Commissioner – relevance of fact that only issue before Commissioner would be entitlement to invention whereas Court would have jurisdiction to decide this and other issues as well.

CSR Limited v Cigna Insurance Australia Limited (1997) 189 CLR 345 distinguished

Pegasus Leasing Ltd v Cadoroll Pty Ltd (1996) 59 FCR 152 cited

Dalgety Wine Estates Pty Ltd v Rizzon (1979) 141 CLR 552 applied

Boyd v Halstead [1985] 2 Qd R 249 cited

R v Windridge, ex parte Pacific Coal Pty Ltd [1992] 2 Qd R 180 cited

Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 cited

Fencott v Muller (1983) 152 CLR 570