Federal Court of Australia
Federal Court of Australia
Howden Australia Pty Ltd v Minetek Investments Pty Ltd (Leave to Amend) [2022] FCA 1557 File number: NSD 827 of 2019
Judgment of: PERRAM J
Date of judgment: 16 December 2022
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend originating application and statement of claim – Applicants seek imposition of constructive trust as alternative remedy – whether reasonably arguable that a constructive trust can be imposed in springboard case
Cases cited: LAC Minerals Ltd v International Corona Resources Services Ltd [1989] 2 SCR 574 Ocular Sciences Ltd v Aspect Vision Care Ltd [1997] RPC 289 Polwood Pty Ltd v Foxworth Pty Ltd [2008] FCAFC 9; 165 FCR 527
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 23
Date of hearing: 16 December 2022
Counsel for the Applicants: Mr John Hennessy SC
Solicitor for the Applicants: Bird & Bird
Counsel for the Respondents: Mr Chris McMeniman
Solicitor for the Respondents: Gilbert + Tobin
ORDERS NSD 827 of 2019
BETWEEN: HOWDEN AUSTRALIA PTY LTD ACN 004 265 276 First Applicant
JAMES HOWDEN & COMPANY LTD Second Applicant
AND: MINETEK INVESTMENTS PTY LTD ACN 167 164 936 First Respondent
MINETEK INVESTMENTS PTY LTD Second Respondent
REMY MARCEL SYDNEY BOURCIER Third Respondent
order made by: PERRAM J DATE OF ORDER: 16 DECEMBER 2022
THE COURT ORDERS THAT:
1. The Applicants serve on the Respondents by 4.00 pm on 20 December 2022, a new form of the proposed Further Amended Originating Application and Second Further Amended Statement of Claim dealing with the issues outlined about the definition of the Minetek Mixed Flow Fan. 2. The Respondents indicate to the Applicants and to the Associate to Justice Perram its position on those documents by 4.00 pm on 22 December 2022. 3. The interlocutory application be stood over to a further case management hearing at 9.30 am on 6 February 2023. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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