Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Myosa Pty Ltd v Resmed Limited [2017] FCA 1187 File number(s): QUD 395 of 2017
Judge(s): GREENWOOD J
Date of judgment: 5 October 2017
Catchwords: PRACTICE AND PROCEDURE – consideration of an application by the respondent to dismiss the applicant's proceeding pursuant to s 31A(2) of the Federal Court of Australia Act 1976 and r 26.01(1)(a) of the Federal Court Rules 2011 – consideration of an application to strike out the applicant's statement of claim in the principal proceeding – consideration of the basis upon which an order for costs ought to be made in exercise of the discretion under s 43 of the Federal Court of Australia Act 1976
Legislation: Federal Court of Australia Act 1976, s 31A(2), s 43 Federal Court Rules 2011, r 26.01(1)(a)
Cases cited: Spencer v The Commonwealth (2010) 241 CLR 118
Date of hearing: 4 October 2017
Date of last submissions: 4 October 2017
Registry: Queensland
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Category: Catchwords
Number of paragraphs: 27
Counsel for the Applicant: D Shavin QC; D B Larish
Solicitor for the Applicant: Bennett & Philp Lawyers
Counsel for the Respondent: EJC Heerey QC
Solicitor for the Respondent: DLA Piper Australia
Table of Corrections
9 October 2017 The representation for Counsel and Solicitor has been transposed as follows: Counsel for the Applicant: D Shavin QC; D B Larish Solicitor for the Applicant: Bennett & Philp Lawyers Counsel for the Respondent: EJC Heerey QC Solicitor for the Respondent: DLA Piper Australia
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