Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stack v Commissioner of Patents [1999] FCA 291 ADMINISTRATIVE LAW –judicial review – whether any error of law demonstrated - where delegate of Commissioner of Patents refused to issue summons under Patents Act 1990 (Cth) s210(c). INTELLECTUAL PROPERTY – patents – procedure – issue of summons by delegate of Commissioner of Patents under Patents Act 1990 (Cth) s210(c) - whether documents sought by summons must be seen in order to determine relevance, including adjectival relevance – whether Patents Act 1990 (Cth) s210(c) confers power on Commissioner of Patents to require production of documents from third parties to determine questions of relevance - correct test to be applied by Commissioner in deciding upon issue of summons is whether, at the time the Commissioner is called upon to decide whether to issue a summons, the material sought by the summons is, on reasonable grounds, arguably relevant to the issues in the litigation. GS Technology Pty Ltd v Commissioner of Patents [1997] 39 IPR 583 discussed R v Barton [1981] 2 NSWLR 414 applied GEORGE STACK AND G S TECHNOLOGY PTY LTD v COMMISSIONER OF PATENTS QG 17 OF 1998 SPENDER J 25 MARCH 1999 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 17 of 1998
BETWEEN: GEORGE STACK and G S TECHNOLOGY PTY LTD
APPLICANTS
AND: COMMISSIONER OF PATENTS
RESPONDENT
JUDGE: SPENDER J
DATE OF ORDER: 25 MARCH 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: The application is dismissed with costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 17 of 1998
BETWEEN: GEORGE STACK and G S TECHNOLOGY PTY LTD
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