Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
LED Technologies Pty Ltd v Roadvision Pty Ltd [2011] FCA 146 Citation: LED Technologies Pty Ltd v Roadvision Pty Ltd [2011] FCA 146
Parties: LED TECHNOLOGIES PTY LTD v ROADVISION PTY LTD and BAXTERS PTY LTD
File number: VID 373 of 2009
Judge: FINKELSTEIN J
Date of judgment: 25 February 2011
Catchwords: INTELLECTUAL PROPERTY – designs – whether uncertain – whether new and distinctive – whether infringed TORT – inducing breach of contract – contracting party had lawful and unlawful means of complying with respondents' request – whether respondents liable when contracting party chooses unlawful means
Legislation: Designs Act 2003 (Cth), ss 15, 19, 71
Cases cited: D C Thompson & Co Ltd v Deakin [1952] Ch 646 Emerald Construction Co v Lowthian [1966] 1 WLR 691 Keller v LED Technologies Pty Ltd (2010) 185 FCR 449 LED Technologies Pty Ltd v Elecspess Pty Ltd (2008) 80 IPR 85 Review 2 Pty Ltd (in liq) v Redberry Enterprise Pty Ltd (2008) 173 FCR 450
Date of hearing: 13, 14, 15 & 17 September 2010
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 108
Counsel for the Applicant: A J Ryan SC with H M J Rofe
Solicitor for the Applicant: Griffth Hack
Counsel for the Respondents: G C McGowan SC with C H Smith
Solicitor for the Respondents: Freehills
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 373 of 2009
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