Federal Court of Australia
Federal Court of Australia
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 4) [2023] FCA 517 File number: NSD 1089 of 2016
Judgment of: BESANKO J
Date of judgment: 26 May 2023
Catchwords: PRACTICE AND PROCEDURE —– application for freezing orders against respondents to a proceeding for patent infringement and a third party —– third party holds security interests over intellectual property assets of first respondent and member of same group of companies as respondents —– liability previously determined in favour of applicant against respondents —– hearing on quantum in mid-June —– recent transfer of ownership of the respondent from one company in the group to another company in the group which is using same technology as the respondents —– transferee company based in the United States of America —– order not made against third party in light of third party's undertaking not to call on security interests
Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Personal Property Securities Act 2009 (Cth) s 55 Federal Court Rules 2011 (Cth) rr 7.35, 7.36, 7.38
Cases cited: Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 3) [2022] FCA 1189 Cardile v LED Builders Pty Ltd [1999] HCA 18; (1999) 198 CLR 380 Globaltech Corporation Pty Ltd v Reflex Instruments Asia Pacific Pty Ltd [2022] FCA 797
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 56
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