Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Graham's Factree Pty Ltd v Oak Enterprises (No 1) [2012] FCA 1033 Citation: Graham's Factree Pty Ltd v Oak Enterprises (No 1) [2012] FCA 1033
Parties: GRAHAM'S FACTREE PTY LTD v OAK ENTERPRISES
File number: VID 1469 of 2011
Judge: DODDS-STREETON J
Date of judgment: 14 September 2012
Catchwords: PRACTICE AND PROCEDURE – whether just and convenient to order separate determination of questions of liability and pecuniary relief – Plant Breeder's Rights Act 1994 (Cth) - applicant may elect between damages or account of profits – order granted
Legislation: Federal Court of Australia Act 1976 (Cth), s 37M(1) Federal Court Rules 2011 (Cth), r 30.01 Federal Court Rules 1979 (Cth), O 29 r 2 Patents Act 1990 (Cth), s 122(1) Plant Breeder's Rights Act 1994 (Cth), ss 53, 56(3) Trade Marks Act 1995 (Cth), s 126(b)
Cases cited: Digi International Inc v Stallion Technologies Pty Ltd (2001) 53 IPR 529 cited Dr Martens Australia Pty Ltd v Bata Shoe Company of Australia Pty Ltd (1997) 38 IPR 163 cited Fleming's Nurseries v Hannaford [2008] FCA 591 considered LED Builders Pty Ltd v Eagle Homes Pty Ltd (No 3) (1996) 36 IPR 293 cited Reading Australia Pty Ltd v Australian Mutual Provident Society (1999) 217 ALR 495 considered
Date of hearing: 14 September 2012
Date of publication of reasons: 18 September 2012
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