Stack v Brisbane City Council [2000] FCA 598

FEDERAL COURT OF AUSTRALIA

Stack v Brisbane City Council [2000] FCA 598 INTELLECTUAL PROPERTY - Entitlement - eligible person - whether declarations under s 34 of the Patents Act 1990 (Cth) could be made. PRACTICE AND PROCEDURE - Setting aside declarations of the Court - application for re-opening case and leading new evidence after trial and judgment. Patents Act 1990 (Cth) ss 15, 34

Urban Transport Authority of NSW v Nweiser (1991) 28 NSWLR 471 Cited Hindmarsh Medical Clinic v Hindmarsh Family Practice Pty Ltd (1997) 38 IPR 616 Cited GEORGE STACK AND GS TECHNOLOGY PTY LTD v THE BRISBANE CITY COUNCIL, DAVIES SHEPHARD PTY LTD AND DAVIES SHEPHARD (QUEENSLAND) PTY LIMITED QG28 OF 1994 GS TECHNOLOGY PTY LTD v DAVIES SHEPHARD PTY LTD AND GSA INDUSTRIES (AUST) PTY LTD QG29 OF 1996 COOPER J BRISBANE 10 MAY 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG28 OF 1994

BETWEEN: GEORGE STACK

First Applicant

G S TECHNOLOGY PTY LTD

Second Applicant

AND: THE BRISBANE CITY COUNCIL

First Respondent

DAVIES SHEPHARD PTY LTD

Second Respondent

DAVIES SHEPHARD (QUEENSLAND) PTY LIMITED

Third Respondent

ON APPEAL FROM THE COMMISSIONER OF PATENTS IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG29 OF 1996

BETWEEN: G S TECHNOLOGY PTY LTD

Applicant

AND: DAVIES SHEPHARD PTY LTD

First Respondent

GSA INDUSTRIES (AUST) PTY LTD

Second Respondent

JUDGE: COOPER J

DATE: 10 MAY 2000

PLACE: BRISBANE

THE COURT ORDERS THAT:

1. Australian Petty Patent No 645740 is revoked. 2. The notice of motion filed 21 October 1999 by the first and second applicants, to the extent that it seeks orders in terms of paragraphs 1 to 6 inclusive, be dismissed. 3. The notice of motion otherwise be adjourned to a date to be fixed. 4. The proceedings be adjourned to a date to be fixed to determine all consequential orders to be made in proceedings QG28 of 1994, QG11 of 1996, QG21 of 1996, QG29 of 1996, VG39 of 1996 and VG40 of 1996 consequent upon the revocation of Australian Petty Patent No 645740, including the costs of the trial of the issues of entitlement and validity, and the costs on the notice of motion filed 21 October 1999. 5. Costs of today's appearance be reserved until the date of the adjourned hearing in terms of paragraph 4 above. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.