Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Esco Corporation v PAC Mining Pty Ltd [2008] FCA 1018
PRACTICE AND PROCEDURE – orders – stay of execution pending appeal – balance of convenience in light of undertakings given.
Federal Court Rules O 52 r 17 Esco Corporation v PAC Mining Pty Ltd [2008] FCA 640 related Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107 cited Hughes v Western Australian Cricket Association Inc (1986) ATPR 40-748 cited Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65 cited Re Middle Harbour Investments Ltd (In liq) (unreported, New South Wales Court of Appeal, 15 December 1976) cited
ESCO CORPORATION and BRADKEN RESOURCES PTY LTD (ABN 82 098 300 988) v PAC MINING PTY LTD (ABN 11 007 694 895) and CENTRAL QUEENSLAND MINING SUPPLIES PTY LTD (ABN 11 010 402 90)
NSD 1084 OF 2006
TAMBERLIN J
4 JULY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1084 OF 2006
BETWEEN: ESCO CORPORATION
First Applicant/First Cross-Respondent
BRADKEN RESOURCES PTY LTD (ABN 82 098 300 988)
Second Applicant/Second Cross-Respondent
AND: CENTRAL QUEENSLAND MINING SUPPLIES PTY LTD (ABN 11 010 402 90)
First Respondent/First Cross-Claimant
PAC MINING PTY LTD (ABN 11 007 694 895)
Second Respondent/Second Cross-Claimant
JUDGE: TAMBERLIN J
DATE OF ORDER: 4 JULY 2008
WHERE MADE: SYDNEY
In the following orders: · "Hensley System" means the wear assembly for the digging edge of various excavating equipment comprising a shroud, a weld base, and a lock and an adjustment assembly, and as further defined and particularised at paragraphs 11 to 14 of the Statement of Claim dated 6 June 2006. · "CQMS System" means the wear assembly for the digging edge of various excavating equipment comprising a shroud, a weld base, and a lock and an adjustment assembly, and as further defined and particularised at paragraphs 17 to 18 of the Statement of Claim dated 6 June 2006. · "PAC Mining System" means the wear assembly for the digging edge of various excavating equipment comprising a shroud, a weld base, and a lock and an adjustment assembly, and as further defined and particularised at paragraphs 15 to 16 of the Statement of Claim dated 6 June 2006. · "CQMS Lower Wing System" means the wear assembly for the digging edge of various excavating equipment comprising a lower wing shroud, a weld base, and a lock and an adjustment assembly, and as further defined and particularised at paragraphs 19 to 20 of the Statement of Claim dated 6 June 2006. · "Jones II" means Australian patent no 696,335. · "Jones III" means Australian patent no 743,348. · "Infringing Articles" means the Hensley System, the PAC Mining System, the CQMS System and the CQMS Ldower Wing System.
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