Ecologic Holdings Pty Ltd v Hopley [2004] FCA 16

FEDERAL COURT OF AUSTRALIA

Ecologic Holdings Pty Ltd v Hopley [2004] FCA 16

PROCEDURE – order for particular discovery – patent action – whether orders should be made in relation to research and development material, manuals and approval material – evidence raising existence, relevance and necessity – orders made Patents Act 1990 (Cth) ss 7(1), 7(2) Federal Court Rules O 15 r 8

Wundowie Foundry Pty Ltd v Milson Foundry Ltd (1993) 44 FCR 474 applied ECOLOGIC HOLDINGS PTY LTD v RONALD FREDERICK HOPLEY and BEVERLEY ELIZABETH HOPLEY and JOANNE MARGARET HOPLEY W74 of 2001 RD NICHOLSON J 20 JANUARY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W74 OF 2001

BETWEEN: ECOLOGIC HOLDINGS PTY LTD

APPLICANT

AND: RONALD FREDERICK HOPLEY

BEVERLEY ELIZABETH HOPLEY

JOANNE MARGARET HOPLEY

RESPONDENTS

JUDGE: RD NICHOLSON J

DATE OF ORDER: 20 JANUARY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The respondents' notice of motion dated 24 November 2003 be allowed in terms of the following orders.

2. So far as the motion relates to Schedule 2 of the motion, the parties file a consent order within 10 days.

3. So far as the motion relates to Schedule 1, the applicant do within 14 days after the date of this order make and serve on the respondents a further and better list of all documents or class of documents as specified or described in Schedule 1 to these orders that are, or have at any time been, in the applicant's possession, custody or power, and stating, if they are not now in the applicant's possession, custody or power, when the applicant parted with them and what has become of them after making all reasonable and proper inquiries, and efforts to identify such documents and their location from persons directly or indirectly connected or involved in the matters raised in these proceedings.