QPSX Limited v Ericsson Australia Ltd (No 6) [2007] FCA 1801

FEDERAL COURT OF AUSTRALIA

QPSX Limited v Ericsson Australia Ltd (No 6) [2007] FCA 1801

PRACTICE AND PROCEDURE – separate trial as to liability – definition of issues – particular discovery – interrogatories QPSX LIMITED ACN 083 702 907, QPSX COMMUNICATIONS PTY LTD ACN 009 230 666 AND QPSX EUROPE GMBH HRB-NR 133459 v ERICSSON AUSTRALIA PTY LTD ACN 004 071 854, TELEFONAKTIEBOLAGET LM ERICSSON ORGANISATION No 556016-0680, LONGREACH GROUP LIMITED ACN 006 584 596 AND LONGREACH NETWORKS PTY LTD ACN 104 959 480 WAD87 OF 2004

FRENCH J

DATE OF ORDERS: 21 NOVEMBER 2007

date of judgment: 22 november 2007

MELBOURNE (HEARD IN PERTH) IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD87 OF 2004

BETWEEN: QPSX LIMITED ACN 083 702 907

First Applicant

QPSX COMMUNICATIONS PTY LTD ACN 009 230 666

Second Applicant

QPSX EUROPE GMBH HRB-NR 133459

Third Applicant

AND: ERICSSON AUSTRALIA PTY LTD ACN 004 071 854

First Respondent

TELEFONAKTIEBOLAGET LM ERICSSON ORGANISATION No 556016-0680

Second Respondent

LONGREACH GROUP LIMITED ACN 006 584 596

Third Respondent

LONGREACH NETWORKS PTY LTD ACN 104 959 480

Fourth Respondent

JUDGE: FRENCH J DATE OF ORDER: 21 NOVEMBER 2007

WHERE MADE: melbourne (heard in PERTH)

THE COURT ORDERS THAT:

1. There be a separate trial of all issues in this proceeding, save for: (i) the alleged failure of Ericsson Australia and LME to make royalty payments pleaded in paragraphs 53(b) and 54(b) of the further amended statement of claim; (ii) the question of any royalties, compensation or damages payable as alleged in paragraphs 67, 68 and 69(b) of the further amended statement of claim. 2. The first and second respondents do give discovery within 21 days of all documents which are or have been in their power or possession, relating to the authority of Grant Darling to execute the Memorandum of Agreement on behalf of the second respondent and to make such documents available for inspection, saving all just objections, 7 days thereafter. 3.1 The applicants have leave to serve upon the first and second respondents the following interrogatories from those set out in the amended Schedule B to the Notice of Motion dated 2 October 2007, which interrogatories are to be served by 28 November 2007: (i) Interrogatory 2; (ii) Interrogatories 5.1, 5.3 and 5.4; (iii) Interrogatory 6.1. 3.2 Within 14 days of service of the interrogatories referred to in the previous order, the second respondent, by a proper officer, do make and file answers verified by affidavit, to the interrogatories and serve a copy on the applicants. 4. The trial of the issues referred to in order 1 be set down for 12 days commencing on 27 March 2008. 5. The parties to submit any proposed consent order within 7 days and otherwise alternative programs for directions covering remaining interlocutory steps to trial. 6. Liberty to apply. 7. Costs of these directions reserved.