Federal Court of Australia
Federal Court of Australia
Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Business Records) [2020] FCA 1195 File number: NSD 1283 of 2017
Judgment of: PERRAM J
Date of judgment: 19 August 2020
Catchwords: EVIDENCE – whether evidence admissible under s 69(2) of Evidence Act 1995 (Cth) as business record – application of s 69(2) to expressions of opinion as to existence of asserted facts
Legislation: Evidence Act 1995 (Cth) ss 55, 69, 136
Cases cited: Australian Competition and Consumer Commissioner v Air New Zealand Limited (No 1) [2012] FCA 1355; 207 FCR 448 Motorola Solutions, Inc. v Hytera Communications Corporation Ltd [2020] EWHC 980 Sydney Attractions Group Pty Ltd v Schulman [2013] NSWSC 858
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 23
Date of last submissions: 1 August 2020 (Respondents) 5 August 2020 (Applicant)
Date of hearing: 28 July 2020
Counsel for the Applicant: Mr C A Moore SC with Mr A R Lang and Ms P Arcus
Solicitor for the Applicant: Herbert Smith Freehills
Counsel for the Respondents: Mr C Dimitriadis SC with Mr J Cooke and Mr C Burgess
Solicitor for the Respondents: Shelston IP Lawyers
REASONS FOR JUDGMENT NSD 1283 of 2017
BETWEEN: MOTOROLA SOLUTIONS, INC. Applicant
AND: HYTERA COMMUNICATIONS CORPORATION LTD First Respondent
HYTERA COMMUNICATIONS (AUSTRALIA) PTY LTD ACN 165 879 701 Second Respondent
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