NSL Engineering Pte Ltd v Australian Mobile Mining Equipment Systems and Accessories Pty Limited (No 2) [2016] FCA 1187

FEDERAL COURT OF AUSTRALIA

NSL Engineering Pte Ltd v Australian Mobile Mining Equipment Systems and Accessories Pty Limited (No 2) [2016] FCA 1187 File number: VID 631 of 2014

Judge: JESSUP J

Date of judgment: 7 October 2016

Legislation: Patents Act 1990 (Cth) s 128

Date of hearing: Heard on the papers

Registry: Victoria

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Patents and associated Statutes

Category: No Catchwords

Number of paragraphs: 11

Counsel for the Applicant: Mr C Smith

Solicitor for the Applicant: Arcadia Lawyers

Counsel for the Respondents: Mr I Horak

Solicitor for the Respondents: Norman Waterhouse Lawyers

ORDERS VID 631 of 2014

BETWEEN: NSL ENGINEERING PTE LTD Applicant

AND: AUSTRALIAN MOBILE MINING EQUIPMENT SYSTEMS AND ACCESSORIES PTY LIMITED (ACN 050 966 393) First Respondent

MURRAY BRIDLE Second Respondent

AND BETWEEN: AUSTRALIAN MOBILE MINING EQUIPMENT SYSTEMS AND ACCESSORIES PTY LIMITED (ACN 050 966 393) Cross-Claimant

AND: NSL ENGINEERING PTE LTD Cross-Respondent

JUDGE: JESSUP J DATE OF ORDER: 7 OCTOBER 2016

THE COURT ORDERS THAT: 1. Orders 6, 7, 8, 9 and 10 made on 17 June 2016 be vacated. 2. Save as dealt with in previous orders made by the court, the Application be dismissed. 3. Save for costs incurred only in connection with – (a) the quantification of damages, or (b) the case against the second respondent, the first respondent pay the applicant's costs of the proceeding. 4. To the extent that the respondents incurred costs only in defence of the applicant's claim against the second respondent, being costs the incurring of which was identifiably separate from costs incurred generally in the proceeding, the applicant pay those costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.