Wilmoth Field Warne (A Firm) v Toshiba Singapore Pty Ltd [2011] FCA 987

FEDERAL COURT OF AUSTRALIA

Wilmoth Field Warne (A Firm) v Toshiba Singapore Pty Ltd [2011] FCA 987 Citation: Wilmoth Field Warne (A Firm) v Toshiba Singapore Pty Ltd [2011] FCA 987

Parties: WILMOTH FIELD WARNE (A FIRM) v TOSHIBA SINGAPORE PTY LTD and CASTEL ELECTRONICS PTY LTD (ACN 074 561 087)

File number: VID 401 of 2011

Judge: BROMBERG J

Date of judgment: 4 August 2011

Cases cited: Wilcox v Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151

Date of hearing: 4 August 2011

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 23

Solicitor for the Applicant: Mr V Stefano of Wilmoth Field Warne

Counsel for the First Respondent: Mr A Young

Solicitor for the First Respondent: DLA Piper Alderman

Counsel for the Second Respondent: Dr K Hanscombe SC with Mr D Bailey

Solicitor for the Second Respondent: Browne & Co

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 401 of 2011

BETWEEN: WILMOTH FIELD WARNE (A FIRM)

Applicant

AND: TOSHIBA SINGAPORE PTY LTD

First Respondent

CASTEL ELECTRONICS PTY LTD (ACN 074 561 087)

Second Respondent

JUDGE: BROMBERG J DATE OF ORDER: 4 AUGUST 2011 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applicant's claim for interlocutory relief made by its Application of 13 May 2011 be dismissed. 2. The applicant pay the first respondent's costs of the applicant's claim for interlocutory relief made by its Application of 13 May 2011. 3. Save for the costs of and incidental to today's hearing, the applicant pay the second respondent's costs of the applicant's claim for interlocutory relief made by its Application of 13 May 2011. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011