Zhangzhou Renhe Moveable Travelling Lodge Manufacture Co Ltd v Habode IP Ltd [2007] FCA 1406

FEDERAL COURT OF AUSTRALIA

Zhangzhou Renhe Moveable Travelling Lodge Manufacture Co Ltd v Habode IP Ltd [2007] FCA 1406

INTELLECTUAL PROPERTY – consideration of an Application pursuant to s 128 of the Patents Act 1990 (Cth) PRACTICE AND PROCEDURE – consideration of an application for leave to serve originating proceedings upon respondents in New Zealand – consideration of Order 8, rules 2 and 3 Patents Act 1990 (Cth), s 128

JMVB Enterprises v Camoflag (2006) 67 IPR 68 Occupational and Medical Innovations Limited v Retractable Technologies Inc. [2007] FCA 1364 ZHANGZHOU RENHE MOVEABLE TRAVELLING LODGE MANUFACTURE CO LTD v HABODE IP LTD AND RODNEY MARK GIBSON QUD285 OF 2007

GREENWOOD J

6 SEPTEMBER 2007

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD285 OF 2007

BETWEEN: ZHANGZHOU RENHE MOVEABLE TRAVELLING LODGE MANUFACTURE CO LTD

Applicant

AND: HABODE IP LTD

First Respondent

RODNEY MARK GIBSON

Second Respondent

JUDGE: GREENWOOD J

DATE OF ORDER: 6 SEPTEMBER 2007

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The time for the hearing of the Applicant's Notice of Motion filed 5 September 2007 be abridged to 2.15pm on 6 September 2007. 2. The hearing of that Notice of Motion proceed ex parte. 3. The Applicant be given leave pursuant to Order 8, Rules 2 and 3 of the Federal Court Rules to serve a copy of each of the Applicant's Application, Statement of Claim, Affidavit of Gary Brian Morgan and Affidavit of Kenneth Philp (all filed herein on 5 September 2007) on each of the First and Second Respondents in New Zealand. 4. A copy of this Order is to be served on each of the First and Second Respondents when they are served with the documents referred to in Order 1. 5. The costs of the motion are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA