Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DSM Nutritional Products, LLC v Suntory Holdings Limited [2013] FCA 675 Citation: DSM Nutritional Products, LLC v Suntory Holdings Limited [2013] FCA 675
Parties: DSM NUTRITIONAL PRODUCTS, LLC v SUNTORY HOLDINGS LIMITED
File number: VID 386 of 2013
Judge: TRACEY J
Date of judgment: 10 July 2013
Catchwords: PRACTICE AND PROCEDURE – Discovery – Application for leave to appeal from order refusing application for discovery – whether decision attended by error of the kind identified in House v The King (1936) 55 CLR 499 – application refused
Legislation: Federal Court of Australia Act 1976 (Cth) – s 37M Federal Court Rules 2011 – r 20.11, 20.13, 20.14 Patent Act 1990 (Cth) – ss 7, 18
Cases cited: Decor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 DSM Nutritional Products, LLC v Suntory Holdings Limited [2013] FCA 474 House v The King (1936) 44 CLR 499 Nichia Corp v Argos Limited [2007] FSR 38 The Wellcome Foundation Limited v VR Laboratories (Aust) Pty Ltd (1981) 148 CLR 262
Date of hearing: 10 July 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 23
Counsel for the Applicant: Ms Cynthia Cochrane
Solicitor for the Applicant: Allens
Counsel for the Respondent: Ms Katrina Howard SC and Mr Tom Cordiner
Solicitor for the Respondent: Griffith Hack
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 386 of 2013
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