Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Old Digger Pty Limited v Pasdonnay Pty Limited [2003] FCA 292 CROSS-VESTING – Application to transfer patent proceedings to State Supreme Court – proceedings in Federal Court for breach of patent – proceedings in Western Australian Supreme Court for specific purpose of sale contract which may involve issues of ownership of the same patent – whether Federal Court proceedings should be transferred to the Western Australian Supreme Court Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 5 Patents Act 1990 (Cth) s 154, s 155, s 157, s 158, Sch 1 Federal Court Rules O 10A r 51 Re Wakim; Ex parte McNally (1999) 198 CLR 511 referred to Re Hamilton-Irvine and the Companies Act 1985 (1990) 94 ALR 428 cited Bourke v State Bank of New South Wales (1988) 85 ALR 61 cited OLD DIGGER PTY LIMITED (formerly called SDS DIGGER TOOLS PTY LTD) ACN 009 439 025 v PASDONNAY PTY LIMITED ACN 009 131 622 No S 285 of 2003 SELWAY J ADELAIDE 3 APRIL 2003
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 285 of 2003
BETWEEN: OLD DIGGER PTY LIMITED (formerly called SDS DIGGER TOOLS PTY LTD) ACN 009 439 025
APPLICANT
AND: PASDONNAY PTY LIMITED ACN 009 131 622
RESPONDENT
JUDGE: SELWAY J
DATE OF ORDER: 3 APRIL 2003
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The Notice of Motion be dismissed.
2. The directions hearing be adjourned to 9.30 am on 7 July 2003.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 285 of 2003
BETWEEN: OLD DIGGER PTY LIMITED (formerly called SDS DIGGER TOOLS PTY LTD) ACN 009 439 025
APPLICANT
AND: PASDONNAY PTY LIMITED ACN 009 131 622
RESPONDENT
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