Southern Cross Industrial Group Pty Ltd v Mickala Lighting Towers Pty Ltd [2022] FCA 598

Federal Court of Australia

Southern Cross Industrial Group Pty Ltd v Mickala Lighting Towers Pty Ltd [2022] FCA 598 File number(s): QUD 447 of 2021

Judgment of: DOWNES J

Date of judgment: 23 May 2022

Catchwords: PRACTICE AND PROCEDURE – application to set aside originating application pursuant to r 13.01 Federal Court Rules 2011 (Cth) – application to strike out all or part of a statement of claim pursuant to r 16.21 Federal Court Rules 2011 (Cth) – application for an order that the applicant provide a Position Statement on Infringement within meaning of Intellectual Property Practice Note – where applicant provided proposed amended originating application and amended statement of claim on 2 March 2022 and agreed to provide Position Statement on Infringement – application refused INTELLECTUAL PROPERTY – springboard injunction sought in amended originating application – products alleged to be imported into Australia or made in Australia prior to expiry of patent – whether form of springboard injunction sought was permissible where no limitation on duration – whether unwarranted advantage pleaded in amended statement of claim PRACTICE AND PROCEDURE – application for security for costs – where applicant provided security for costs in related proceeding – where applicant sought to rely on unaudited financial records – where former director of applicant swore affidavit in Supreme Court of Queensland deposing to serious irregularities in financial records of applicant – application granted

Legislation: Federal Court of Australia Act 1976 (Cth) ss 23, 56 Patents Act 1990 (Cth) s 122(1) Federal Court Rules 2011 (Cth) rr 16.02(1)(c), 16.02(1)(d), 19.01 Intellectual Property Practice Note (IP-1)