Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bitech Engineering v Garth Living Pty Ltd (No 2) [2011] FCA 526 Citation: Bitech Engineering v Garth Living Pty Ltd (No 2) [2011] FCA 526
Parties: BITECH ENGINEERING v GARTH LIVING PTY LTD (ACN 111 145 432) and COHEN NOMINEES PTY LIMITED (ACN 008 526 994) BITECH ENGINEERING v BUNNINGS GROUP LIMITED (ACN 008 672 179) BITECH ENGINEERING v HOTPOINT (AUST) PTY LTD (ACN 082 599 086)
File numbers: NSD 1681 of 2006 NSD 43 of 2007 NSD 2056 of 2007
Judge: FOSTER J
Date of judgment: 19 May 2011
Catchwords: PRACTICE AND PROCEDURE – patents – whether leave to amend its Statement of Claim should be granted to a patentee to raise new types of infringement of its patent after a separate trial on liability but before the damages trial – whether consequential orders for further discovery should be made
Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Federal Court Rules, O 15 r 2 and r 6
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