Australian Consulting & Training Pty Ltd v Tiltform Pty Ltd [2001] FCA 1072

FEDERAL COURT OF AUSTRALIA

Australian Consulting & Training Pty Ltd v Tiltform Pty Ltd [2001] FCA 1072 Council for the City of Gold Coast v Pioneer Concrete (Qld) Pty Ltd (1998) 157 ALR 135 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Murex Diagnostics Australia Pty Ltd v Chiron Corp (1995) 55 FCR 194 Surridge's Patents, Ld v Trico-Folberth Ld (1936) 53 RPC 420 U & I Global Trading (Australia) Pty Ltd v Tasman-Warajay Pty Ltd (1995) 32 IPR 494 Luna Advertising Co v Burnham & Co (1928) 45 RPC 258 AUSTRALIAN CONSULTING AND TRAINING PTY LTD v TILTFORM PTY LTD, TILTFORM LICENSING PTY LTD AND ROBERT R SLADOJEVIC S 134 OF 2000 MANSFIELD J ADELAIDE 7 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S134 OF 2000

BETWEEN: AUSTRALIAN CONSULTING AND TRAINING PTY LTD (ACN 066 300 427)

APPLICANT

AND: TILTFORM PTY LTD (ACN 083 034 413)

FIRST RESPONDENT

TILTFORM LICENSING PTY LTD (ACN 083 878 666)

SECOND RESPONDENT

ROBERT R SLADOJEVIC

THIRD RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 7 AUGUST 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Subparagraphs 8.11, 26.1, 26.3, 26.4 and 26.5 of the further amended statement of claim filed on 28 June 2001 be struck out. 2. The applicant do file and serve further and better particulars of subparagraphs 8.5, 8.6, 8.7, 8.9, 8.10 and 27.1 of the further amended statement of claim in accordance with the reasons for decision given 7 August 2001. 3. The applicant have leave to file and serve such further and better particulars of subparagraphs 26.1, 26.3 and 26.4 of the further amended statement of claim as it may be advised. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.