Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Breezway Australia (Holdings) Pty Ltd v Preference Manufacturing Pte Ltd (No 3) [2013] FCA 67 Citation: Breezway Australia (Holdings) Pty Ltd v Preference Manufacturing Pte Ltd (No 3) [2013] FCA 67
Parties: BREEZWAY AUSTRALIA (HOLDINGS) PTY LTD ACN 105 521 640 v PREFERENCE MANUFACTURING PTE LTD, PREFERENCE MANUFACTURING (AUST) PTY LTD ACN 100 826 695 and LGI AUSTRALIA PTY LTD ACN 090 088 289
File number: QUD 45 of 2011
Judge: MCKERRACHER J
Date of judgment: 11 February 2013
Catchwords: PATENTS – infringement – whether third respondent engaged in exploitation of patent within meaning of s 13(1) of the Patents Act 1990 (Cth) PRACTICE AND PROCEDURE – application for default judgment under r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) – non appearance by unrepresented third respondent
Legislation: Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules 2011 (Cth) r 5.23(2)(c) Patents Act 1990 (Cth) s 13(1)
Cases cited: Australian Building & Construction Commissioner v Abbott (No 3) [2011] FCA 340 Australian Competition and Consumer Commission v Albert (2005) 223 ALR 467 Chanel Limited v Ayad [2005] FCA 820
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