Federal Court of Australia
Federal Court of Australia
Deco Australia Pty Ltd v Aliwood Pty Ltd [2021] FCA 1159 File number: NSD 1061 of 2020
Judgment of: PERRAM J
Date of judgment: 22 September 2021
Date of publication of reasons: 23 September 2021
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – where priority date yet to be determined – where legal issues complex – where matter listed for trial and trial preparatory steps underway
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Patents Act 1990 (Cth) s 40(2)(a), s 43(2)-(2A) Patents Regulations 1991 (Cth) reg 3.13C
Cases cited: Cytec Industries Inc. v Nalco Company [2021] FCA 970
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 10
Date of hearing: 22 September 2021
Counsel for the Applicant: Mr A Fox
Solicitor for the Applicant: Mills Oakley
Counsel for the Respondents: Ms C Cochrane
Solicitor for the Respondents: Hazan Hollander
ORDERS NSD 1061 of 2020
BETWEEN: DECO AUSTRALIA PTY LTD (ACN 108 720 118) Applicant
AND: ALIWOOD PTY LTD (ACN 613 779 025) First Respondent
MARCUS JON WOODMAN Second Respondent
AND BETWEEN: ALIWOOD PTY LTD (ACN 613 779 025) Cross-Claimant
AND: DECO AUSTRALIA PTY LTD (ACN 108 720 118) Cross-Respondent
order made by: PERRAM J DATE OF ORDER: 22 SEPTEMBER 2021
THE COURT ORDERS THAT:
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