NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Cementech Pty Ltd v Austral Masonry (NSW) Pty Ltd [2013] NSWSC 1888 Hearing dates: 11 and 12 December 2013 Decision date: 17 December 2013 Jurisdiction: Equity Division - Commercial List Before: Stevenson J Decision: Declaration that the first defendant is obliged to pay one half of the costs and disbursements incurred by the plaintiff in the proceedings; proceedings against first defendant otherwise dismissed; balance of the proceedings transferred to the Federal Court of Australia Catchwords: PRACTICE AND PROCEDURE - civil - Courts - concurrent jurisdiction of different Courts - transfer of proceedings under cross-vesting legislation
CONTRACT - construction - licence agreement - whether "lend its name... to promote the success of any proceedings" means that the first defendant be joined as a second plaintiff if required by plaintiff - meaning of costs and disbursements clause in agreement Legislation Cited: Copyright Act 1968 (Cth) Jurisdiction of Courts (Cross Vesting) Act 1989 (Cth) Patents Act 1990 (Cth) Cases Cited: ATF Mining Electrics Pty Ltd v Bramco Electronics Pty Ltd [2012] NSWSC 1126 Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 Bramco Electronics Pty Ltd v ATF Mining Electrics Pty Ltd [2013] NSWCA 392 Fermiscan Ltd v James [2009] NSWSC 546 Fermiscan Pty Ltd v James [2009] NSWCA 355 Groom v Crocker [1939] 1 KB 194 Lend Lease (Millers Point) Pty Limited v Bangaroo Delivery Authority [2013] NSWSC 1848 Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service [2010] NSWCA 268 McDonald v Dennys Lascelles (1933) 48 CLR 457 Category: Principal judgment Parties: Cementech Pty Limited (plaintiff) Austral Masonry (NSW) Pty Ltd (first defendant) Adbri Masonry Pty Ltd (second defendant) Representation: Counsel: C J Birch SC (plaintiff) N R Murray with C Colquhoun (first defendant) C L Cochrane (second defendant) Solicitors: Hall Partners (plaintiff) Robinson Legal (first defendant) King & Wood Mallesons (second defendant) File Number(s): SC 2013/225446 Publication restriction: Nil
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