Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cash's (Australia) Pty Ltd v Foster's Australia Ltd [2013] FCA 695 Citation: Cash's (Australia) Pty Ltd v Foster's Australia Ltd [2013] FCA 695
Parties: CASH'S (AUSTRALIA) PTY LTD (ACN 004 275 183) APPLICANT FOSTER'S AUSTRALIA LTD (ACN 004 056 106) (NOW KNOWN AS CUB PTY LTD) RESPONDENT
File number: VID 468 of 2013
Judge: DAVIES J
Date of judgment: 17 July 2013
Catchwords: PRACTICE AND PROCEDURE – Application for leave to appeal interlocutory decision of primary judge – Whether judgment is attended by sufficient doubt – Whether substantial injustice would result if leave refused – Case management principles applied – Application refused.
Legislation: Patents Act 1990 (Cth), ss 22A, 138 Designs Act 2003 (Cth), s 93 Federal Court of Australia Act 1976 (Cth), ss 24(1A), 24(1E)
Cases cited: Foster's Australia Limited v Cash's (Australia) Pty Ltd [2013] FCA 527 Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Rawson Finances Pty Ltd v Deputy Commissioner of Taxation (2010) 81 ATR 36 Australian Securities and Investments Commission v P Dawson Nominees Pty Ltd (2008) 169 FCR 227 Petroulias v Commissioner of Taxation [2011] FCA 795 Wills v Australian Broadcasting Corporation (2009) 173 FCR 284 Paringa Mining & Exploration Co PLC v North Flinders Mines Ltd (No 2) (1988) 165 CLR 452 Sharp v Deputy Commissioner of Taxation (NSW) (1988) 19 ATR 908 ACE Insurance Ltd v Trifunovski (2012) 291 ALR 46
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