Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mimotopes Pty Ltd v Monash University [2017] FCA 278 File number: VID 1254 of 2016
Judge: MOSHINSKY J
Date of judgment: 20 March 2017
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 18, 21 Federal Court Rules 2011, r 26.12
Cases cited: Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397
Date of hearing: 20 March 2017
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: No Catchwords
Number of paragraphs: 11
Counsel for the Applicant: Mr MD Wyles QC with Mr EW Moon
Solicitor for the Applicant: Blaak & Associates
Counsel for the Respondent: Mr R Heath
Solicitor for the Respondent: Clayton Utz
ORDERS VID 1254 of 2016
BETWEEN: MIMOTOPES PTY LTD (ACN 090 841 286) Applicant
AND: MONASH UNIVERSITY Respondent
JUDGE: MOSHINSKY J DATE OF ORDER: 20 MARCH 2017
UPON THE APPLICANT by its counsel undertaking that it will not bring any action in this Court or in any other forum against the respondent (Monash University) based on the facts and matters the subject of this proceeding, including any lease into which the parties have entered in respect of the property in question,
THE COURT ORDERS THAT:
1. The applicant have leave to discontinue the whole of its application. 2. The applicant forthwith file a notice of discontinuance in respect of the whole of its application under r 26.12 of the Federal Court Rules 2011. 3. The applicant pay the respondent's costs of the application (including any reserved costs, the costs of the application to discontinue and the costs of the hearing today) on a party and party basis, to be taxed if not agreed. 4. The trial date of the cross-claim (which was set down for hearing today) be vacated. 5. The cross-claim be listed for a case management hearing on a date to be fixed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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