High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL CJ,
BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ
CALIDAD PTY LTD & ORS APPELLANTS
AND
SEIKO EPSON CORPORATION & ANOR RESPONDENTS
Calidad Pty Ltd v Seiko Epson Corporation
[2020] HCA 41
Date of Hearing: 11 & 12 August 2020
Date of Judgment: 12 November 2020
S329/2019
ORDER
1. Appeal allowed with costs.
2. Set aside the orders made by the Full Court of the Federal Court of Australia on 5 July 2019 and the declaration and orders made by the Full Court of the Federal Court of Australia on 29 October 2019 and, in lieu thereof, order that:
(a) the appeal to that Court be allowed with costs and the cross-appeal to that Court be dismissed with costs;
(b) declaration 1 and orders 2 to 8, 10 and 11 of the orders made by the primary judge on 16 February 2018 be set aside and, in lieu thereof, it be ordered that:
(i) the applicants' originating application, including the applicants' claims of patent infringement, breach of cl 2(a)(ii) of the settlement deed, breach of statutory duties under ss 145 and 148 of the Trade Marks Act 1995 (Cth) and contravention of ss 18 and 29 of Sch 2 to the Competition and Consumer Act 2010 (Cth), otherwise be dismissed; and
(ii) subject to order 9 of the orders made by the primary judge on 16 February 2018, the applicants pay the respondents' costs of the proceeding; and
(c) the matter be remitted to the primary judge for determination of the respondents' claim for pecuniary relief for breach of cl 2(a)(i) of the settlement deed.
On appeal from the Federal Court of Australia
Representation
D Shavin QC with P J T Creighton-Selvay for the appellants (instructed by Gilbert + Tobin)
A J L Bannon SC with C L Cochrane and D Larish for the respondents (instructed by Quinn Emanuel Urquhart & Sullivan)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
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