Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Autronic Plastics Inc v DRM Trading Pty Limited [2006] FCA 861 AUTRONIC PLASTICS INC v DRM TRADING PTY LIMITED NSD 1082 of 2005 ALLSOP J 28 JUNE 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1082 of 2005
BETWEEN: AUTRONIC PLASTICS INC
APPLICANT
AND: DRM TRADING PTY LIMITED
RESPONDENT
JUDGE: ALLSOP J
DATE OF ORDER: 28 JUNE 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Grant leave to the Applicant to file and serve a Notice to Answer Interrogatories on the Respondent in the form of Annexure A to the Short Minutes of Order handed up in Court on 28 June 2006. 2. Direct the Respondent to file and serve its verified answers to the Notice to Answer Interrogatories within 14 days of service of the Notice to Answer Interrogatories. 3. Grant leave to the Applicant to file and serve its Amended Statement of Claim in the form provided to the Respondent on 26 June 2006. 4. Direct the Respondent to file and serve its Defence to the Amended Statement of Claim within 14 days of service of the Amended Statement of Claim. 5. Order the Applicant to pay the Respondent's costs thrown away by reason of the amendment to the Statement of Claim. 6. Grant leave to the Applicant to file further affidavit evidence in chief, such affidavits to be filed and served by 7 July 2006. 7. Direct that the Respondent file and serve any further affidavit evidence in answer on infringement by 4 August 2006. 8. Reserve for further consideration at or after the next directions hearing the question of any further discovery by the Respondent on the infringement issues. 9. In relation to the motion filed on 3 May 2006 dealing with issues other than the Defence to Cross-claim, the Respondent's costs be its costs in the cause. 10. In relation to the motion filed on 3 May 2006 dealing with issues other than the Defence to Cross-claim, 75% of the Applicant's costs be its costs in the cause. 11. The parties have liberty to apply on 3 days notice. 12. Stand over the matter for further directions to 2.15 pm on 26 July 2006. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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