Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Norm Engineering Pty Ltd v Digga Australia Pty Ltd [2006] FCA 190
PRACTICE AND PROCEDURE – Copyright proceedings – trial directions – failure to provide the report of an expert in accordance with the Directions Orders – application to adjourn the trial on grounds of prejudice in the conduct of the trial.
NORM ENGINEERING PTY LTD (ACN 010 799 943) v DIGGA AUSTRALIA PTY LTD (ACN 010 443 875)
QUD285 OF 2005
GREENWOOD J 8 MARCH 2006 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD285 OF 2005
BETWEEN: NORM ENGINEERING PTY LTD (ACN 010 799 943) APPLICANT AND: DIGGA AUSTRALIA PTY LTD (ACN 010 443 875) RESPONDENT JUDGE: GREENWOOD J
DATE OF ORDER: 8 MARCH 2006
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The hearing dates for the trial of the proceeding from 20 to 27 March 2006 be vacated. 2. Leave granted to the Applicant to amend the Amended Statement of Claim in terms of the Further Amended Statement of Claim in the form exhibited to the letter from the Solicitors for the Applicant to the Solicitors for the Respondent dated 6 March 2006. 3. The Applicant is ordered to pay the Respondent's costs of and occasioned by amendments made by leave to the Amended Statement of Claim in the form of the Further Amended Statement of Claim. 4. The costs of and occasioned by the vacation of the commencement of the trial of the proceeding on 20 March 2006 are reserved. 5. The Applicant is ordered to pay the costs of the Directions Hearing on 7 February 2006. 6. Either party is granted leave to apply to the Court on two days notice.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD285 OF 2005
BETWEEN: NORM ENGINEERING PTY LTD (ACN 010 799 943)
APPLICANT
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