Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Ltd [2015] FCA 787 Citation: SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Ltd [2015] FCA 787
Parties: SNF (AUSTRALIA) PTY LTD (ACN 050 056 267) v CIBA SPECIALTY CHEMICALS WATER TREATMENTS LTD, CIBA (AUSTRALIA) PTY LTD (ACN 005 061 469) and THE COMMISSIONER OF PATENTS; CIBA SPECIALTY CHEMICALS WATER TREATMENTS LTD v SNF (AUSTRALIA) PTY LTD (ACN 050 056 267)
File number: VID 447 of 2008
Judge: DAVIES J
Date of judgment: 3 August 2015
Catchwords: PRACTICE AND PROCEDURE – whether failure to disclose documents – scope of obligation to give discovery under O 15 r 2(3) of the Federal Court Rules 1979 (Cth) –whether orders should be set aside on the basis of fresh evidence – relevant principles – source of the court's power to set aside judgment where fresh evidence – Commonwealth Bank of Australia v Quade (1991) 178 CLR 134, Lexcray Pty Ltd v Northern Territory of Australia [2003] NTCA 11 and Yevad Products Pty Ltd v Brookfield (2005) 147 FCAFC 177 considered – where applicant did not act with reasonable diligence to obtain relevant evidence – whether applicant would have relied on fresh evidence if the documents had been discovered – finality of judgment
Legislation: Patents Act 1990 (Cth) ss 7(1), 7(4), 7(5), 9, 18(1A), 138 Federal Court of Australia Act 1976 (Cth) ss 5, 23 Federal Court Rules 2011 (Cth) rr 39.05(b), 39.05(c) Federal Court Rules 1979 (Cth) O 5 r 15, O 15 r 2(3), O 15 r 3, O 58 r 15(1) Patents Regulations 1991 (Cth) reg 12.1(1)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate