Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CQMS Pty Ltd v Simco Mining Products and Services Pty Ltd (No 2) [2017] FCA 1636 File number: QUD 787 of 2012
Judge: DOWSETT J
Date of judgment: 11 October 2017
Catchwords: PRACTICE AND PROCEDURE – application for judgment by default or orders on default pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) – where the respondent has not complied with previous orders – orders on default made
Legislation: Federal Court Rules 2011 (Cth) r 5.23
Cases cited: KerryJ Investment Pty Ltd v Xiamen Fengwei Energy Technology Co Ltd [2013] FCA 361 National Heavy Vehicle Regulator v Countrywide Marketing Pty Ltd [2015] FCA 351 Speedo Holdings B.V. v Evans (No. 2) [2011] FCA 1227
Date of hearing: 11 October 2017
Registry: Queensland
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 9
Counsel for the Applicants: Mr S Cooper
Solicitor for the Applicants: Thomson Geer
Solicitor for the Respondent: Mr L Fox of blueFox Legal
ORDERS QUD 787 of 2012
BETWEEN: CQMS PTY LTD ACN 122 935 906 First Applicant
CQMS RAZER PTY LTD ACN 010 402 990 Second Applicant
AND: SIMCO MINING PRODUCTS AND SERVICES PTY LTD ACN 143 658 100 Respondent
AND BETWEEN: SIMCO MINING PRODUCTS AND SERVICES PTY LTD ACN 143 658 100 Cross-Claimant
AND: CQMS PTY LTD ACN 122 935 906 Cross-Respondent
JUDGE: DOWSETT J DATE OF ORDER: 11 OCTOBER 2017
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