Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
University of Sydney v ObjectiVision Pty Limited (No 8) [2018] FCA 1184 File number(s): NSD 385 of 2014
Judge(s): BURLEY J
Date of judgment: 9 August 2018
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend particulars of quantum – where the proposed amendments seek to change the cross-claimant's damages claim for copyright infringement and breach of confidence from lost profits to a claim for wasted expenditure or, in the alternative, notional royalties – where the amendment is sought after the close of evidence at trial – application refused
Cases cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Barnes v Forty Two International Pty Limited [2014] FCAFC 152; (2014) 316 ALR 408 Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54; (1991) 174 CLR 64 Enzed Holdings v Wynthea [1984] FCA 416; (1984) 57 ALR 167 Placer (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd [2003] HCA 10; (2003) 196 ALR 257 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu (A Firm), in the matter of Tamaya Resources Ltd (in liq) [2015] FCA 1098 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm) [2016] FCAFC 2; (2016) 332 ALR 199 University of Sydney v ObjectiVision Pty Limited [2016] FCA 1199 University of Sydney v ObjectiVision Pty Limited [2017] FCA 554 Winnegago Industries Inc v Knott Investments Pty LTd & Ors (No 4) [2015] FCA 1327; (2014) FCR 271
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