Federal Court of Australia
Federal Court of Australia
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 3) [2022] FCA 596 File number: NSD 1089 of 2016
Judgment of: BESANKO J
Date of judgment: 17 May 2022
Date of publications of reasons: 20 May 2022
Catchwords: PRACTICE AND PROCEDURE — application by respondents for order that applicants make election between damages or account of profits — where applicants have filed evidence with respect to damages and respondents have filed evidence with respect to account of profits — where applicants seek to reserve making election until after service of respondents' evidence on damages — whether such election would be unreasonably delayed to prejudice of respondents — application dismissed — order that applicants make election between damages or account of profits within 14 days of service of respondents' evidence on damages
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Patents Act 1990 (Cth) s 122
Cases cited: AON Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd [2022] FCA 445 Island Records Ltd v Tring International Plc [1996] 1 WLR 1256; [1995] 3 All ER 444 LED Builders Pty Ltd v Eagle Homes Pty Ltd (No 3) [1996] FCA 972; (1996) 70 FCR 436 Norm Engineering v Digga Australia (No 3) [2007] FCA 953; (2007) 73 IPR 77
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate