Gambro Pty Limited v Fresenius Medical Care Australia Pty Limited [2004] FCA 665

FEDERAL COURT OF AUSTRALIA

Gambro Pty Limited v Fresenius Medical Care Australia Pty Limited [2004] FCA 665 GAMBRO PTY LIMITED AND ANOR v FRESENIUS MEDICAL CARE AUSTRALIA PTY LIMITED NG 474 of 1997 ALLSOP J 31 MAY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 474 of 1997

BETWEEN: GAMBRO PTY LIMITED

FIRST APPLICANT

SECOND CROSS-RESPONDENT

GAMBRO LUNDIA AB

SECOND APPLICANT

FIRST CROSS-RESPONDENT

AND: FRESENIUS MEDICAL CARE AUSTRALIA PTY LIMITED

RESPONDENT

CROSS-CLAIMANT

JUDGE: ALLSOP J

DATE OF ORDER: 31 MAY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. On or before 9 June 2004, the respondent file and serve: (a) any notice of motion upon which it seeks to move in these proceedings; (b) any further evidence in support of that motion; (c) a document entitled "Evidence To Be Relied Upon" identifying each affidavit, document or other piece of evidence upon which it will seek to rely in support of the motion; and (d) written submissions in support of the motion and to the extent that prior submissions are relied on a written indication thereof. 2. On or before 16 June 2004, the applicants file and serve: (a) any evidence and submissions in answer to such filed by the respondents; and (b) a document entitled "Evidence To Be Relied Upon" identifying each affidavit, document or other piece of evidence upon which they will seek to rely in the motion. 3. On or before 23 June 2004, the respondent file and serve any affidavit or submission strictly in reply. 4. Any such notice of motion to be filed by the respondent be stood over for hearing on 25 June 2004 at 10.15 am 5. The proceedings be stood over to 25 June 2004 at 10.15 am. 6. The question of costs since 25 March 2004 be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.