Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mainmark Corporation Pty Limited v Resinject Pty Limited [2015] FCA 205 Citation: Mainmark Corporation Pty Limited v Resinject Pty Limited [2015] FCA 205
Parties: THE MAINMARK CORPORATION PTY LIMITED (ACN 003 490 880) v RESINJECT PTY LIMITED (ACN 065 106 667) and URETEK WORLDWIDE OY
File number(s): NSD 1384 of 2014
Judge(s): YATES J
Date of judgment: 13 March 2015
Catchwords: PRACTICE AND PROCEDURE – proceeding for patent infringement – application for strike out and summary dismissal – failure to plead material facts – statement of claim struck out – applicant given opportunity to replead
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 14.01, 16.02, 16.21, 34.42 Trade Practices Act 1974 (Cth)
Cases cited: The Bega Co-operative Society Limited v The Milk Authority of the Australian Capital Territory (unreported, Sup Ct, ACT, Neaves J, 12 May 1992) Kernel Holdings Pty Ltd v Rothmans of Pall Mall (Australia) Pty Ltd (1991) 217 ALR 171 Multigroup Distribution Services Pty Ltd v TNT Australia Pty Ltd [1996] ATPR 41-522 Upaid Systems Ltd v Telstra Corporation Ltd (2013) 220 FCR 182
Date of hearing: 20 February 2015
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 44
Counsel for the Applicant: Ms J Baird SC with Dr AL Connolly
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