Cook Inc v World Medical Manufacturing Corp [1999] FCA 1333

FEDERAL COURT OF AUSTRALIA

Cook Inc v World Medical Manufacturing Corp [1999] FCA 1333 PRACTICE AND PROCEDURE – anti-suit injunction – interference in foreign court –exclusive jurisdiction of Federal Court of Australia – accrued jurisdiction of Federal Court of Australia - conflict of interest - waiver of right to prosecute conflict of interest – disclosure of information - associated patent attorney firm of applicant's solicitors formerly acted for respondent in related matter. CSR Limited v Cigna Insurance Australia Limited (1997) 189 CLR 345 applied National Mutual Holdings Pty Ltd v Sentry Corporation (1989) 22 FCR 209 applied Pioneer Concrete (Vic) Pty Ltd v Trade Practices Commission (1982) 152 CLR 460 cited Pegasus Leasing Ltd v Cadoroll Pty Ltd (1996) 59 FCR 152 cited Re Wakim (1999) 163 ALR 270 considered Prince Jefri Bolkiah v KPMG (1999) 2 WLR 215 cited Murray v The Macquarie bank Limited (1991) 33 FCR 46 cited COOK INCORPORATED v WORLD MEDICAL MANUFACTURING CORPORATION & ORS V 56 of 1999 GOLDBERG J MELBOURNE 24 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 56 of 1999

BETWEEN: COOK INCORPORATED

Applicant

AND: WORLD MEDICAL MANUFACTURING CORPORATION

First Respondent

JEFFREY DEMPSEY MILLER

Second Respondent

BIOMEDEX DPTY LTD

(ACN 006 949 152)

Third Respondent

JECOLI PTY LTD

(ACN 001 640 982)

Fourth Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 24 SEPTEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant's motion filed 14 September 1999 is dismissed. 2. The directions hearing and the first respondent's motion filed 10 September 1999 are adjourned to a date to be fixed no later than 3 November 1999. 3. The applicant pay the first respondent's costs of the applicant's motion and the hearing on 24 September 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules