Brivis Australia Pty Ltd v Seeley International Pty Ltd [2002] FCA 843

FEDERAL COURT OF AUSTRALIA

Brivis Australia Pty Ltd v Seeley International Pty Ltd [2002] FCA 843

PATENTS – petty patent – evaporative air conditioner – prior art said to render the applicant's patent invalid – notice of motion by the applicant seeking a See v Scott-Paine order granting leave to the applicant to discontinue the substantive proceedings with protection from an adverse costs order PROCEDURE – discretion of the Court when a party seeks leave to discontinue under Order 22 of the Federal Court Rules Patents Act 1990 (Cth) s 40 See v Scott - Paine (1933) 50 RPC 56 considered GEC Alsthom Limited's Patent [1996] FSR 415 followed SCI Operations Pty Ltd v Trade Practices Commission (1984) 2 FCR 118 applied

BRIVIS AUSTRALIA PTY LTD (ACN 004 783 493) v SEELEY INTERNATIONAL PTY LTD (ACN 054 687 035) and SEELEY INTERNATIONAL PTY LTD (ACN 054 687 035) and BRIVIS AUSTRALIA PTY LTD (ACN 004 783 493) S 9 of 2000 O'LOUGHLIN J 3 JULY 2002 ADELAIDE (HEARD IN MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 9 OF 2000

BETWEEN: BRIVIS AUSTRALIA PTY LTD (ACN 004 783 493)

APPLICANT

AND: SEELEY INTERNATIONAL PTY LTD (ACN 054 687 035)

RESPONDENT

SEELEY INTERNATIONAL PTY LTD (ACN 054 687 035)

CROSS-CLAIMANT

BRIVIS AUSTRALIA PTY LTD (ACN 004 783 493)

CROSS-RESPONDENT

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 3 JULY 2002

WHERE MADE: ADELAIDE (HEARD IN MELBOURNE)

THE COURT ORDERS THAT: 1. Further consideration of these proceedings is adjourned to a date subsequent to the expiration of a period of six weeks from the date hereof. 2. Liberty to the parties to apply, thereafter, to have the matter brought on for further consideration upon seven days notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.