Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (No 4) [2017] FCA 1345 File Number: NSD 1816 of 2004
Judge: PERRAM J
Date of judgment: 20 November 2017
Catchwords: PRACTICE AND PROCEDURE – application for stay of proceeding – where primary judge found that Russian Federation is 'real plaintiff' in proceeding – where finding not overturned on appeal – where alleged failure to give proper discovery by foreign state – consideration of principle of international comity – whether stay appropriate in circumstances
Cases cited: Aetna Pacific Securities Ltd v Hong Kong Bank of Australia Ltd (Unreported, Supreme Court of New South Wales, Giles J, 29 April 1993) Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International N.V. [2007] FCAFC 43; (2007) 157 FCR 558 SPI Spirits (Cyprus) Ltd v Diageo Australia Ltd (No 2) [2006] FCA 931; (2006) FCR 150
Date of hearing: 2 November 2016
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Category: Catchwords
Number of paragraphs: 66
Counsel for the Applicant/Cross-Respondent: Dr A Bell SC with Mr P Flynn and Mr D Larish
Solicitor for the Applicant/Cross-Respondent: King & Wood Mallesons
Counsel for the Respondents/Cross-Claimants: Mr M Pesman SC with Mr J Arnott and Ms L Coleman
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