Gambro Pty Limited v Fresenius Medical Care Australia Pty Limited [2004] FCA 1025

FEDERAL COURT OF AUSTRALIA

Gambro Pty Limited v Fresenius Medical Care Australia Pty Limited [2004] FCA 1025 GAMBRO PTY LIMITED AND ANOR v FRESENIUS MEDICAL CARE AUSTRALIA PTY LIMITED NG 474 of 1997 ALLSOP J 11 AUGUST 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: 11 AUGUST 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The notice of motion dated 9 June 2004 and filed 10 June 2004 be dismissed. 2. The respondent (applicant to the motion) pay the applicants' (the respondents to the motion) costs of the motion. 3. Within 7 days, the parties file a form of order conformable with the request of the applicants for orders which are in dispute but subject to the qualifications expressed in the reasons herein. 4. In default of any such agreement each party file within 14 days the orders that it contends comply with order 3 above, together with brief written submissions as to the form of the orders proposed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

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