Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Mud Company Pty Ltd v Coretell Pty Ltd [2016] FCA 830 File number: WAD 74 of 2014
Judge: BESANKO J
Date of judgment: 22 July 2016
Catchwords: PRACTICE AND PROCEDURE – application by respondents for stay of proceeding pending the determination of another proceeding – where other proceeding an appeal – where subject of both proceedings are patents in the same family of patents – whether determination of other proceeding is likely to have effect on proceedings – whether sufficient commonality of issues – stay refused PRACTICE AND PROCEDURE – application for the hearing of a separate question pursuant to r 30.01 of Federal Court Rules 2011 (Cth) – whether claim that the proceeding is an abuse of process should be heard and determined as a separate question – where argument appears to involve a mixed question of fact and law – where no draft separate question provided – where proposed separate question raises a novel issue – application refused
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 30.01
Cases cited: Australian Mud Company Pty Ltd v Coretell Pty Ltd (No 4) [2015] FCA 1372
Date of hearing: 28 April 2016
Registry: Western Australia
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
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