High Court of Australia
High Court of Australia Barwick C.J. General Steel Industries Inc v Commissioner for Railways [1964] HCA 69
ORDER In each summons strike out the whole of the plaintiff's statement of claim and dismiss the plaintiff's action with costs.
Cur. adv. vult.
Nov. 9 Barwick C.J.delivered the following written judgment:—
General Steel Industries Incorporated commenced this action against the Commissioner for Railways, A. E. Goodwin Ltd. and Tulloch Ltd., seeking injunctions to restrain the infringement by the defendants or any of them of letters patent granted to the plaintiff under the Patents Act 1952-1960 Cth in respect of an invention entitled "Railway Vehicle Body and Truck Central Bearing".
The plaintiff, by its statement of claim, identifies the Commissioner for Railways as being the Commissioner for Railways under the Transport (Division of Functions) Act, 1932 N.S.W. as amended, and asserts that the Commissioner, without the leave or licence of the plaintiff, "has been contracting to have manufactured railway vehicle central bearing structures made and manufactured in infringement of the letters patent of the plaintiff and of the claims in the complete specification thereof".
The plaintiff further asserts that the defendant A. E. Goodwin Ltd., "without the leave or licence of the plaintiff, has been making and manufacturing railway vehicle central bearing structures made and manufactured in infringement of the letters patent and of the claims of the complete specification", and that the defendant Tulloch Ltd., "without the leave or licence of the plaintiff, has been assembling railway vehicle central bearing structures made and manufactured in infringement of the letters patent" and of the said claims.
The plaintiff then proceeds to assert that the acts of the defendant A. E. Goodwin Ltd. and of the defendant Tulloch Ltd., of which it complains, "have been done pursuant to agreements between each of them and the Commissioner for Railways respectively, pursuant to which complete railway carriages have been made and assembled for use by the said Commissioner for Railways".
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