Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 5) [2020] FCA 1243

Federal Court of Australia

Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 5) [2020] FCA 1243 File number: NSD 200 of 2019

Judgment of: YATES J

Date of judgment: 27 August 2020

Catchwords: PRACTICE AND PROCEDURE – application for removal of proceeding from docket of Docket Judge on the ground of apprehended bias – patent infringement proceeding – patent revocation proceeding – where previous proceeding and current proceeding involve related patent specifications containing identical text – where in previous proceeding Docket Judge made findings on the meaning of terms used in patent specification – where in the present proceeding the same terms are used in the specifications in suit – where in previous proceeding Docket Judge made findings with respect to disclosures in priority documents to determine priority date of claims – where in the present proceeding the same priority documents are to be construed to determine the priority dates of the claims in suit – whether a fair-minded lay observer might reasonably apprehend that Docket Judge might not bring an impartial mind to the adjudication of the same issues in the present proceeding

Cases cited: Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd [2020] FCA 811 British American Tobacco Australia Services Limited v Laurie [2011] HCA 2; 242 CLR 283 Charan v Secretary, Department of Social Services [2019] FCAFC 134; 167 ALD 206 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Embertec Pty Limited v Energy Efficient Technologies Pty Ltd (No 2) [2013] FCA 347 GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser Healthcare (UK) Limited [2013] FCAFC 150 Livesey v The New South Wales Bar Association (1983) 151 CLR 288 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Re JRL; Ex parte CJL (1986) 161 CLR 342 Vakauta v Kelly (1989) 167 CLR 568 Vehicle Monitoring Systems Pty Ltd v Sarb Management Group Pty Ltd (trading as Database Consultants Australia) [2013] FCA 395; 101 IPR 496 Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia [2020] FCA 6; 149 IPR 370 Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 2) [2020] FCA 447; 150 IPR 554 Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 3) [2020] FCA 471; 151 IPR 1 Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 4) [2020] FCA 819