Federal Court of Australia
Federal Court of Australia
Wilson Pateras Accounting Pty Ltd v Farmer (No 2) [2021] FCA 1477 File number(s): VID 680 of 2020
Judgment of: WHEELAHAN J
Date of judgment: 26 November 2021
Catchwords: HIGH COURT AND FEDERAL COURT – no question of principle involved – application to join additional respondents, amend originating application, and amend statement of claim – where respondents oppose application – consideration of proposed amendments – leave granted subject to further amendment in accordance with these reasons.
Cases cited: Daebo Shipping Company Ltd v The Ship Go Star [2012] FCAFC 156; 207 FCR 220
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 55
Date of last submission/s: 21 September 2021
Date of hearing: 17 September 2021
Counsel for the applicants: Mr P Wallis SC
Solicitor for the applicants: K&L Gates
Counsel for the respondents: Mr T Mitchell
Solicitor for the respondents: B2B Lawyers
ORDERS VID 680 of 2020
BETWEEN: WILSON PATERAS ACCOUNTING PTY LTD ACN 606 714 354 First Applicant
WILSON PATERAS INVESTMENTS PTY LTD ACN 605 164 449 Second Applicant
WP ACCOUNTING PTY LTD ACN 138 213 046 Third Applicant
AND: BRENDAN FARMER First Respondent
BSCT FARMER INVESTMENTS PTY LTD ACN 607 592 567 Second Respondent
HAYDEN CUFF (and others named in the Schedule) Third Respondent
order made by: WHEELAHAN J DATE OF ORDER: 26 November 2021
THE COURT ORDERS THAT:
1. Counsel for the parties are to confer and, by 4.00 pm on 3 December 2021, submit to the Chambers of the Honourable Justice Wheelahan proposed orders to give effect to – (a) these reasons; (b) the disposition of the balance of the applicants' interlocutory application filed 20 August 2021; and (c) the further conduct of the proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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