Federal Court of Australia
Federal Court of Australia
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 2) [2020] FCA 1806 File number: NSD 1089 of 2016
Judgment of: BESANKO J
Date of judgment: 16 December 2020
Catchwords: PRACTICE AND PROCEDURE — election between damages and an account of profits — where applicants entitled to be fully informed before being required to elect between damages and an account of profits — whether the applicants will be in a position to make a meaningful and informed election between damages and an account of profits after being given the opportunity to seek further interrogatories or categories of discovery — whether unreasonable for the election to be postponed in the circumstances
Cases cited: Dr Martens Australia Pty Ltd v Bata Shoe Company of Australia Pty Ltd [1997] FCA 505; (1997) 75 FCR 230 LED Builders Pty Ltd v Eagle Homes Pty Ltd (No 3) (1996) 70 FCR 436 Norm Engineering v Digga Australia (No 3) [2007] FCA 953; (2007) 73 IPR 77
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 9
Date of hearing: 1 December 2020
Counsel for the Applicants: Ms P Arcus
Solicitor for the Applicants: Gilbert + Tobin
Counsel for the Respondents: Mr A Fox
Solicitor for the Respondents: Griffin Hack
ORDERS NSD 1089 of 2016
BETWEEN: AUSTRALIAN MUD COMPANY PTY LTD (ACN 009 283 416) First Applicant
REFLEX INSTRUMENTS ASIA PACIFIC PTY LTD (ACN 124 204 191) Second Applicant
AND: GLOBALTECH CORPORATION PTY LTD (ACN 087 281 418) First Respondent
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