Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
GE BetzDearborn Canada Company v Memcor Australia Pty Ltd [2013] FCA 78 Citation: GE BetzDearborn Canada Company v Memcor Australia Pty Ltd [2013] FCA 78
Parties: GE BETZDEARBORN CANADA COMPANY v MEMCOR AUSTRALIA PTY LTD
File number(s): NSD 491 of 2010
Judge: JAGOT J
Date of judgment: 7 February 2013
Catchwords: INTELLECTUAL PROPERTY – application for joinder – application for service outside jurisdiction – whether prima facie case established – discretionary considerations
Legislation: Federal Court Rules 2011 (Cth)
Cases cited: ACCC v Yellow Page Marketing BV [2010] FCA 1218 Australian Broadcasting Corporation v Lenah Game Meats (2001) 208 CLR 199; [2001] HCA 63 Bayer Pharma Aktiengesellschaft v Genentech, Inc [2012] FCA 1467 Caterpillar Inc v John Deere Limited (1999) 44 IPR 472; [1999] FCA 517
Date of hearing: 7 February 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 37
Counsel for the Appellant: D Shavin QC with C Dimitriadis
Solicitor for the Appellant: Corrs Chambers Westgarth
Counsel for the Respondent: C L Chochrane
Solicitor for the Respondent: Allens Linklaters
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 491 of 2010
BETWEEN: GE BETZDEARBORN CANADA COMPANY
Appellant
AND: MEMCOR AUSTRALIA PTY LTD
Respondent
JUDGE: JAGOT J DATE OF ORDER: 7 FEBRUARY 2013 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
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