Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SNF (Australia) Pty Ltd v Ciba Speciality Chemicals Water Treatments Limited (No 2) [2011] FCA 656 Citation: SNF (Australia) Pty Ltd v Ciba Speciality Chemicals Water Treatments Limited (No 2) [2011] FCA 656
Parties: SNF (AUSTRALIA) PTY LTD v CIBA SPECIALITY CHEMICALS WATER TREATMENTS LIMITED, CIBA (AUSTRALIA) PTY LTD and THE COMMISSIONER OF PATENTS
File number: VID 447 of 2008
Judge: KENNY J
Date of judgment: 9 June 2011
Corrigendum: 9 August 2011
Catchwords: PRACTICE AND PROCEDURE – cross-claim for patent infringement upheld – cross-claimants seeks declarations regarding infringement – discretion of the Court to grant declarations under s 21 of Federal Court of Australia Act 1976 – whether appropriate to make declarations after trial where holding as to infringement partly depended on concessions and/or admissions – consideration of public interest relevant – declarations best serve interests of justice PRACTICE AND PROCEDURE – Costs – where cross-claimant pleaded point but did not pursue at trial –discretion of court to grant costs under s 43 Federal Court of Australia Act 1976 – whether costs should be awarded against successful cross-claimant in respect of that issue – consideration of circumstances where costs should be awarded against a successful party – conduct of cross-claimant did not justify award of costs against cross-claimant
Legislation: Patents Act 1990 (Cth)
Cases cited: Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Hughes v Western Australian Cricket Association (Inc) and Ors (1986) ATPR 40–748 Queensland Wire Industries Pty Ltd v Broken Hill Co Ltd (1987) 17 FCR 211 Roadshow Films Pty Ltd v iiNet Ltd (2010) 269 ALR 606 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 Bank of Kuwait and the Middle East v Ship MV "Mawashi Al Gasseem" (No 2) (2007) 240 ALR 120 The Australian Competition and Consumer Commission v Grove & Edgar Pty Limited [2008] FCA 1956 Australian Building & Construction Commissioner v Abbott (No 3) [2011] FCA 340
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