Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
N.V. Sumatra Tobacco Trading Company v British American Tobacco Australia Services Limited [2011] FCA 255 Citation: N.V. Sumatra Tobacco Trading Company v British American Tobacco Australia Services Limited [2011] FCA 255
Parties: N.V. SUMATRA TOBACCO TRADING COMPANY v BRITISH AMERICAN TOBACCO AUSTRALIA SERVICES LIMITED ACN 004 069 649
File number(s): QUD 260 of 2008
Judge: GREENWOOD J
Date of judgment: 14 March 2011
Catchwords: PRACTICE AND PROCEDURE – consideration of a challenge in the course of the trial to the admissibility of the affidavits of a witness containing evidence of the expression of opinion by that witness, on the footing that the elements of s 79 of the Evidence Act 1995 (Cth) are not shown to be satisfied
Legislation: Evidence Act 1995 (Cth), s 79 Trade Marks Act 1995 (Cth) ss 43, 44 and 60
Cases cited: CA Henschke & Co & Anor v Rosemount Estates Pty Ltd [1999] FCA 1561; (1999) 47 IPR 63 - cited and quoted. CA Henschke & Co v Rosemount Estates Pty Ltd [2000] FCA 1539; (2000) 52 IPR 42 – cited. Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 – cited. Gambro Pty Ltd v Fresenius Medical Care Australia Pty Ltd [2007] FCA 1828; (2007) 245 ALR 15 – cited. Mckay v Commissioner of Main Roads [2009] WASC 353 - cited.
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