Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Blow Bar Co Pty Limited v McGann [2018] FCA 293 File number: NSD 1896 of 2017
Judge: ROBERTSON J
Date of judgment: 16 March 2018
Catchwords: PRACTICE AND PROCEDURE – application to strike out paragraphs of a statement of claim on the basis that those paragraphs failed to state the material facts on which the applicants relied
Legislation: Copyright Act 1968 (Cth) s 10 Federal Court Rules 2011 (Cth) r 16.02(1)(d)
Cases cited: Sadie Ville Pty Ltd v Deloitte Touche Tohmatsu (A Firm) [2017] FCA 1202; 123 ACSR 223 Spiteri v Nine Network Australia Pty Ltd [2008] FCA 905 Wride v Schulze [2004] FCAFC 216 Young Investments Group Pty Ltd v Mann [2012] FCAFC 107; 293 ALR 537
Date of hearing: 7 March 2018
Date of last submissions: 13 March 2018
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Category: Catchwords
Number of paragraphs: 63
Counsel for the Applicants: Mr R Notley
Solicitor for the Applicants: David Hand Solicitor
Counsel for the Respondents: Ms R White
Solicitor for the Respondents: K&L Gates
ORDERS NSD 1896 of 2017
BETWEEN: BLOW BAR CO PTY LIMITED First Applicant
LEIGH DOLE PTY LIMITED AS TRUSTEE FOR THE DOLE FAMILY TRUST Second Applicant
AND: TIMOTHY MCGANN First Respondent
TIMOTHY MCGANN AS TRUSTEE FOR THE MCGANN FAMILY TRUST Second Respondent
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