Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Visible Results Properties Inc v Sushi Train (Australia) Pty Ltd [2004] FCA 1720 Visible Results Properties Inc & ANOR v Sushi Train (Australia) Pty Ltd NSD 460 of 2004 ALLSOP J 8 DECEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 460 of 2004
BETWEEN: VISIBLE RESULTS PROPERTIES INC
FIRST APPLICANT
VISIBLE RESULTS AUSTRALIA PTY LTD
SECOND APPLICANT
AND: SUSHI TRAIN (AUSTRALIA) PTY LTD
RESPONDENT
JUDGE: ALLSOP J
DATE OF ORDER: 8 DECEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. On or before 31 January 2005 the applicants file and serve: a. any amended statement of claim, reply and defence to cross-claim if consent to the form of the amended statement of claim, reply and defence to cross claim has previously been obtained; or b. any notice of motion to amend the statement of claim, reply and defence to cross claim, if consent is not forthcoming previously requested; c. all evidence on the question of the entitlement of the applicants or either of them to sue taking into account the comments and criticisms made by the solicitors for the respondent in correspondence; d. a submission settled by counsel dealing with the comments and criticisms and particulars raised by the respondent in relation to the question of parties, title to sue and the licence agreement. 2. On or before Thursday, 23 December 2004, the applicants provide an indexed bundle of documents, if there be any, concerning any test performed by or at the request of or on behalf of the applicants or either of them to evaluate or determine the validity or enforceability of the patent based on its novelty as particularised by the respondent to the extent that there is no claim for privilege made in respect of such documents. 3. The matter be stood over to directions on 8 February 2005 at 10.30a.m. (Sydney time). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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