Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fazio Richards Pty Ltd v Ibis Way Pty Ltd [2016] FCA 308 File number: VID 84 of 2015
Judge: BEACH J
Date of judgment: 30 March 2016
Catchwords: CORPORATIONS – joint venture – fiduciary relationship – breach of fiduciary obligations – power of attorney – joint venture vehicle – issue of shares – cancellation of shares – fiduciary claims dismissed INTELLECTUAL PROPERTY – patents – infringement – US proceedings – Markman hearing – Italian proceedings – exploitation of patents – use of joint venture vehicle – inadequacy of settlement – misleading or deceptive conduct involving both US and Italian proceedings
Cases cited: Grimaldi v Chameleon Mining NL (No 2) (2012) 200 FCR 296 Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1 Markman v Westview Instruments Inc 517 US 368 (1996) United Dominions Corporation Ltd v Brian Pty Ltd (1985) 157 CLR 1
Dates of hearing: 28, 29, 30 and 31 July, 6 August and 20 November 2015
Date of last submissions: 14 December 2015
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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