Gearhart United Pty Ltd v Omni Oil Technologies (Asia) SDN BHD (No 2) [2010] FCA 558

FEDERAL COURT OF AUSTRALIA

Gearhart United Pty Ltd v Omni Oil Technologies (Asia) SDN BHD (No 2) [2010] FCA 558 Citation: Gearhart United Pty Ltd v Omni Oil Technologies (Asia) SDN BHD (No 2) [2010] FCA 558

Parties: GEARHART UNITED PTY LTD (ACN 007 968 701) v OMNI OIL TECHNOLOGIES (ASIA) SDN BHD and PREMIUM CASING SERVICES PTY LTD (ACN 007 424 259)

File number: SAD 31 of 2010

Judge: BESANKO J

Date of judgment: 4 June 2010

Catchwords: DISCOVERY – application for information discovery Held: application dismissed – applicant did not pursue application. PRACTICE AND PROCEDURE – application for leave to use affidavits filed in opposition to application for information discovery in any subsequent proceeding – where information in affidavits proposed to be read in open court and not claimed to be confidential Held: application allowed – in the interests of justice – to facilitate expeditious disposition of subsequent proceeding. COSTS – application for costs of application for information discovery – where applicant did not pursue application for information discovery because second respondent filed affidavits shortly prior to final hearing providing it with necessary information – where information related to patent infringement and patent application in relation to alleged infringing product was publicly available Held: application dismissed – order that applicant pay respondents' costs of application if proceeding for patent infringement not brought within 2 months – if application brought within 2 months then costs of application to be costs in the cause of that proceeding.