Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Watson v Kriticos (Joinder and Service Applications) [2020] FCA 1019 File number: NSD 970 of 2019
Judge: PERRAM J
Date of judgment: 17 July 2020
Catchwords: PRACTICE AND PROCEDURE – application to join company as second respondent – whether joinder necessary to determine related dispute – where claims concern patents owned by proposed second respondent PRACTICE AND PROCEDURE – service outside the jurisdiction application – whether prima facie case established for relief sought
Legislation: Federal Court Rules 2011 (Cth) rr 9.05, 10.42, 10.43
Cases cited: BY Windown, Inc v Vautin [2016] FCAFC 168; 249 FCR 262 Costa Vraca Pty Ltd v Bell Regal Pty Ltd [2003] FCAFC 305 Ho v Akai Pty Limted (in liquidation) [2006] FCAFC 159; 247 FCR 205
Date of hearing: Determined on the papers
Date of last submissions: 25 June 2020 (Applicant)
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 11
Counsel for the Applicant: Mr G Campbell
Solicitor for the Applicant Heathfield Grosvenor Lawyers Pty Ltd
Counsel for the Respondent: Mr D J Ananian-Cooper
Solicitor for the Respondent Plastiras Lawyers
ORDERS NSD 970 of 2019
BETWEEN: DALE CAMERON WATSON Applicant
AND: STEPHEN CON KRITICOS Respondent
JUDGE: PERRAM J DATE OF ORDER: 17 JULY 2020
THE COURT ORDERS THAT:
1. Leave be granted to the Applicant to join Whitewater West Industries Ltd as the Second Respondent to the proceeding with effect from 6 December 2019. 2. The Applicant's interlocutory application for leave to serve out of the jurisdiction be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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