Federal Court of Australia
Federal Court of Australia
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 2) [2022] FCA 88 File number(s): NSD 1040 of 2019
Judgment of: ROFE J
Date of judgment: 17 February 2022
Catchwords: EVIDENCE – application for leave to rely on evidence pursuant to rule 34.50(2)(b) of the Federal Court Rules 2011 (Cth) – evidence relating to conduct and results of experiments – application opposed in part – relevant evidence cited in all parties' evidence in chief and joint expert report – no prejudice found to opposing party – leave granted
Legislation: Federal Court Rules 2011 (Cth)
Cases cited: Australian Mud Co Pty Ltd v Globaltech Corp Pty Ltd (2018) 138 IPR 33 Beadcrete Pty Ltd v Fei Yu trading as Jewels 4 Pools [2012] FCA 1091 Generic Health Pty Ltd v Bayer Pharma Aktiengesellschaft [2014] FCAFC 73 Globaltech Corporation Pty Ltd v Australian Mud Company Pty Ltd (2019) 145 IPR 39 Voxson Pty Ltd v Telstra Corporation Limited (No 10) (2018) 134 IPR 99
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 38
Date of hearing: 8 February 2022
Counsel for the Applicants: Mr C Dimitriadis SC with Ms P Arcus
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