Australian Solar Mesh Sales Pty Ltd v Spruson & Ferguson, Patent & Trade Mark Attorneys [1999] FCA 1730

FEDERAL COURT OF AUSTRALIA Australian Solar Mesh Sales Pty Ltd v Spruson & Ferguson, Patent & Trade Mark Attorneys [1999] FCA 1730 PRACTICE AND PROCEDURE – application for security for costs – impecunious appellant company – separate trial of jurisdictional issue

Federal Court of Australia Act 1976 (Cth), ss 25(2B)(c), 56(1) Corporations Law, ss 58AA, 1335 Federal Court Rules, O 52, r 20 Patents Act 1990 (Cth)

Re Wakim; Ex parte McNally (1999) 163 ALR 270, cited Felton v Mulligan (1971) 124 CLR 367, cited Robins v Incentive Dynamics Pty Ltd [1999] FCA 1651, referred to Edensor Nominees Pty Ltd v Australian Securities & Investments Commission [1999] FCA 1722, cited Paton v Campbell Capital Limited (Burchett J, 1 July 1993, unreported), followed

AUSTRALIAN SOLAR MESH SALES PTY LIMITED v NEVILLE JOHN ANDERSON, DANIEL RALPH SHANAHAN, JOHN GORDON HINDE, FRASER PATISON OLD, DAVID CARLYLE GRIFFITH, JOHN DAVID O'CONNOR, SIMON DUDLEY WILLIAMS, KENNETH JOHN MCINNIS trading as SPRUSON & FERGUSON, PATENT & TRADE MARK ATTORNEYS

N 562 OF 1999 JUDGE: SACKVILLE J PLACE: SYDNEY DATE: 13 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 562 OF 1999

BETWEEN: AUSTRALIAN SOLAR MESH SALES PTY LIMITED

APPELLANT

AND: NEVILLE JOHN ANDERSON, DANIEL RALPH SHANAHAN, JOHN GORDON HINDE, FRASER PATISON OLD, DAVID CARLYLE GRIFFITH, JOHN DAVID O'CONNOR, SIMON DUDLEY WILLIAMS, KENNETH JOHN MCINNIS trading as SPRUSON & FERGUSON, PATENT & TRADE MARK ATTORNEYS

RESPONDENTS

JUDGE: SACKVILLE J

DATE OF ORDER: 13 DECEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Ground 2 of the amended notice of appeal be heard separately and before the determination of any other ground specified in the amended notice of appeal. 2. Order 1 be subject to any further order of the Full Court. 3. The appellant be at liberty, in any written submissions filed in the appeal, to make submissions as to whether the Full Court should amend Order 1 so as to include Ground 16 of the amended notice of appeal. 4. The costs of the motions determined today be costs in the appeal. 5. The matter be placed in the Full Court callover list on 8 March 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.