SNF (Australia) Pty Ltd v Ciba Speciality Chemicals Water Treatments Limited (No 3) [2011] FCA 902

SNF (Australia) Pty Ltd v Ciba Speciality Chemicals Water Treatments Limited (No 3) [2011] FCA 902

It is appropriate to exercise the power under Rule 39.05 of the Federal Court Rules 2011 (Cth) to correct clerical errors in the orders and declarations made on 9 June 2011, as the errors were inadvertent, did not reflect the Court's intentions, and correction is by agreement between the parties.

Jurisdiction
Australia
Judgment Date
09 August 2011
Procedural Posture
Application to Correct Orders/judgment; Patent Litigation Context / Post Judgment (application to Correct Accidental Error Under Rule 39.05)
Outcome
Application to correct orders allowed
Legal Topics
['correction of Orders' 'judicial Power to Amend Judgments' 'patents']
['civil Procedure' 'intellectual Property'] ['correction of Orders' 'judicial Power to Amend Judgments' 'patents']

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Procedural Posture

Application to Correct Orders/judgment; Patent Litigation Context / Post Judgment (application to Correct Accidental Error Under Rule 39.05)

Legal Issues

  1. 1 ['Whether the Court should amend orders/judgment to correct accidental slip or clerical errors in previous orders/declarations']

Ratio Decidendi

It is appropriate to exercise the power under Rule 39.05 of the Federal Court Rules 2011 (Cth) to correct clerical errors in the orders and declarations made on 9 June 2011, as the errors were inadvertent, did not reflect the Court's intentions, and correction is by agreement between the parties.

Court Disposition

Application to correct orders allowed

Orders

  • ["The words 'THE COURT ORDERS THAT' where first appearing in the declarations and orders as authenticated and entered on 9 June 2011 be corrected by deleting 'ORDER' and inserting 'DECLARES'." "The definition of 'Patented Process' in the declarations and orders as made, authenticated and entered on 9 June 2011 be...