Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Damorgold Pty Ltd v J.A.I. Products Pty Ltd [2014] FCA 448 Citation: Damorgold Pty Ltd v J.A.I. Products Pty Ltd [2014] FCA 448
Appeal from: Application for leave to appeal: Damorgold Pty Ltd v JAI Products Pty Ltd [2014] FCA 150
Parties: DAMORGOLD PTY LTD and VERTILUX CORPORATION PTY LTD v J.A.I. PRODUCTS PTY LTD
File number: VID 235 of 2014
Judge: TRACEY J
Date of judgment: 6 May 2014
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – patent infringement – liability validity of patent determined as a preliminary question – whether orders interlocutory in nature – whether leave to appeal required
Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Federal Court Rules 2011 (Cth) r 30.01
Cases cited: City of Camberwell v Camberwell Shopping Centre Pty Ltd [1994] 1 VR 163 – cited Damorgold Pty Ltd v JAI Products Pty Ltd [2014] FCA 150 – cited DÉcor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 – cited TAG Pacific Limited v McSweeney (1992) 34 FCR 438 – considered Cairns B, Australian Civil Procedure (10th ed, Lawbook Co, 2013)
Date of hearing: 6 May 2014
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 10
Counsel for the Applicants: Mr G McGowan and Mr W Rothnie
Solicitor for the Applicants: Phillips Ormonde Fitzpatrick Lawyers
Counsel for the Respondent: Ms H Rofe and Mr C Thompson
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