Bugaj v Bates [2004] FCA 1260

FEDERAL COURT OF AUSTRALIA

Bugaj v Bates [2004] FCA 1260 RICHARD BUGAJ & ANOR v NEAL ANTHONY BATES & ANOR N 1394 OF 2004 STONE J 24 SEPTEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1394 OF 2004

BETWEEN: RICHARD BUGAJ

FIRST APPLICANT

BUGAJ SUSPENSION TECHNOLOGIES PTY LIMITED

SECOND APPLICANT

AND: NEAL ANTHONY BATES

FIRST RESPONDENT

BATES MOTOR SPORT PTY LIMITED T/AS NEAL BATES AUTOMOTIVE AND NEAL BATES MOTOR SPORT

SECOND RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 24 SEPTEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The notice of motion be dismissed. 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 N 1394 OF 2004

BETWEEN: RICHARD BUGAJ

FIRST APPLICANT

BUGAJ SUSPENSION TECHNOLOGIES PTY LIMITED

SECOND APPLICANT

AND: NEAL ANTHONY BATES

FIRST RESPONDENT

BATES MOTOR SPORT PTY LIMITED T/AS NEAL BATES AUTOMOTIVE AND NEAL BATES MOTOR SPORT

SECOND RESPONDENT

JUDGE: STONE J

DATE: 24 SEPTEMBER 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 I have before me an ex parte application for an Anton Piller order. The notice of motion was filed in court today with the supporting affidavit of the first applicant, Richard Bugaj, sworn on 24 September 2004. The application in this matter concerns a claim for infringement of Standard Australian Patent No. 766 609 pursuant to the Patents Act 1990 (Cth). 2 Pursuant to the notice of motion, the applicants seek an order that the respondents be compelled to permit Mr Bugaj to enter the respondents' premises situated at 48 Sheppard St, Hume in the Australian Capital Territory and allow him to remove one front and one rear shock absorber from any rally-type motor vehicle and search for any other shock absorbers not affixed to any motor vehicles as well as any documents relating to the design, use or purchase of shock absorbers.