Research in Motion Ltd v Samsung Electronics Australia Pty Limited [2009] FCA 320

FEDERAL COURT OF AUSTRALIA

Research in Motion Ltd v Samsung Electronics Australia Pty Limited [2009] FCA 320

PRACTICE AND PROCEDURE – application for leave to amend statement of claim and for further discovery – amendments sought to rely on doctrine of spoliation – whether proposition to be relied on at trial misconceived in law – whether proposed pleadings embarrassing and directed to matters of evidence – application refused Gray v Haig (1855) 20 Beav 219 referred to The Ophelia [1916] 2 AC 206 referred to Allen v Tobias (1958) 98 CLR 367 referred to Dare v Pulham (1982) 148 CLR 658 cited The Oxford English Dictionary

RESEARCH IN MOTION LTD and RESEARCH IN MOTION AUSTRALIA PTY LTD (ACN 101 291 425) v SAMSUNG ELECTRONICS AUSTRALIA PTY LIMITED (ACN 002 915 647)

VID 928 of 2007

KENNY J

6 APRIL 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 928 of 2007

BETWEEN: RESEARCH IN MOTION LTD

First Applicant

RESEARCH IN MOTION AUSTRALIA PTY LTD

(ACN 101 291 425)

Second Applicant

AND: SAMSUNG ELECTRONICS AUSTRALIA PTY LIMITED (ACN 002 915 648)

Respondent

JUDGE: KENNY J

DATE OF ORDER: 6 APRIL 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applicants have leave to amend their statement of claim to incorporate the proposed amendments to paragraph 21 thereof, as set out in Annexure A to the notice of motion dated 19 March 2009. 2. The motion, notice of which is dated 19 March 2009, be otherwise dismissed. 3. The applicants pay the respondent's costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 928 of 2007