Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
RGC Mineral Sands Ltd v Wimmera Industrial Minerals Pty Ltd (No 2) [2000] FCA 22 PRACTICE AND PROCEDURE – motion for summary dismissal – proceeding raising only issues that are identical to those required to be determined by Commissioner for Patents by reason of respondent's opposition to grant of patent to applicant – as opponent before Commissioner, present respondent alleging applicant obtained invention from respondent – applicant seeking declarations, injunctions and statutory damages and unidentified other orders for respondent's alleged contravention of s 52 of Trade Practices Act 1974 in misrepresenting that there had been "obtaining" where there had not been – whether summary dismissal should be ordered having regard to fact that present proceeding already ordered to be stayed pending hearing and determination of opposition proceeding. Commissioner of Patents v Microcell Ltd (1959) 102 CLR 232 cited Philips Electronics NV v Remington Products Australia Pty Ltd (1997) 39 IPR 303 (FCA/Lehane J) distinguished Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 followed Slattery v Public Service Board [1983] 3 NSWLR 41 cited Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 followed Wanem Pty Ltd v John Tekiela (1990) 19 IPR 435 (FCA/Gummow J) distinguished RGC MINERAL SANDS LIMITED v WIMMERA INDUSTRIAL MINERALS PTY LIMITED
NG 598 OF 1998 LINDGREN J 21 JANUARY 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 598 OF 1998
BETWEEN: RGC MINERAL SANDS LIMITED (ACN 008 763 666)
APPLICANT
AND: WIMMERA INDUSTRIAL MINERALS PTY LIMITED (ACN 004 302 130)
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 21 JANUARY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Pursuant to Order 20 rule 2 of the Federal Court Rules, the proceeding be dismissed generally. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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