Stack v Brisbane City Council [2000] FCA 598

Stack v Brisbane City Council [2000] FCA 598

The Court refused to set aside the earlier entitlement declarations or re-open the trial because Stack and GST had made a tactical decision not to call Stack and Grieves, offered no explanation for not relying on the evidence at trial, and showed no good reason to displace finality. The existing declarations precluded GST from obtaining relief under s 15 or s 34, and s 34 in any event concerns a person other than the patentee. The material did not establish that Russell Plastics was presently an eligible person, so no s 34 declaration or consequential amendment or joinder was warranted. Because declarations 1 to 5 established that Stack and GST were not entitled to the grant, Australian...

Jurisdiction
Australia
Judgment Date
10 May 2000
Procedural Posture
Patent Proceedings Concerning Australian Petty Patent No 645740, Including Breach, Exploitation Terms Under S 163 of the Patents Act 1990 (cth), and Cross Claims for Revocation / Post Trial Application by Notice of Motion to Set Aside Declarations and Re Open the Case; Determination of Revocation and Consequential Directions
Outcome
Australian Petty Patent No 645740 was revoked; the notice of motion was dismissed to the extent it sought orders in paragraphs 1 to 6, with remaining matters adjourned and costs reserved.
Legal Topics
['entitlement to Grant of Patent' 'eligible Person' 'declarations Under S 34 of the Patents Act 1990 (cth)' 'revocation of Petty Patent' 're Opening Case After Trial and Judgment' 'setting Aside Declarations Before Entry' 'joinder of Parties']
['intellectual Property' 'patents' 'practice and Procedure'] ['entitlement to Grant of Patent' 'eligible Person' 'declarations Under S 34 of the Patents Act 1990 (cth)' 'revocation of Petty Patent' 're Opening Case After Trial and Judgment' 'setting Aside Declarations Before Entry' 'joinder of Parties']

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Procedural Posture

Patent Proceedings Concerning Australian Petty Patent No 645740, Including Breach, Exploitation Terms Under S 163 of the Patents Act 1990 (cth), and Cross Claims for Revocation / Post Trial Application by Notice of Motion to Set Aside Declarations and Re Open the Case; Determination of Revocation and Consequential Directions

Legal Issues

  1. 1 ['Whether declarations made on 15 September 1999 should be set aside under O 35 r 7(1) of the Federal Court Rules and the case re-opened to allow Stack and GST to lead further evidence on entitlement.' 'Whether GST could obtain declarations that it was an eligible person and entitled under s 15 or s 34 of the Patents Act 1990 (Cth) to the grant of patents or Australian Petty Patent No 645740.' 'Whether Russell Plastics Pty Ltd could be declared an eligible person under s 34 of the Patents Act 1990 (Cth) on the application made by Stack and GST.' 'Whether Alan Joseph Grieves and Russell Plastics Pty Ltd should be joined to give effect to the proposed declarations and orders.' 'Whether Australian Petty Patent No 645740 should be revoked in consequence of the earlier declarations that Stack and GST were not entitled to the grant.']

Ratio Decidendi

The Court refused to set aside the earlier entitlement declarations or re-open the trial because Stack and GST had made a tactical decision not to call Stack and Grieves, offered no explanation for not relying on the evidence at trial, and showed no good reason to displace finality. The existing declarations precluded GST from obtaining relief under s 15 or s 34, and s 34 in any event concerns a person other than the patentee. The material did not establish that Russell Plastics was presently an eligible person, so no s 34 declaration or consequential amendment or joinder was warranted. Because declarations 1 to 5 established that Stack and GST were not entitled to the grant, Australian...

Court Disposition

Australian Petty Patent No 645740 was revoked; the notice of motion was dismissed to the extent it sought orders in paragraphs 1 to 6, with remaining matters adjourned and costs reserved.

Orders

  • ['Australian Petty Patent No 645740 is revoked.' 'The notice of motion filed 21 October 1999 by the first and second applicants, to the extent that it seeks orders in terms of paragraphs 1 to 6 inclusive, be dismissed.' 'The notice of motion otherwise be adjourned to a date to be fixed.' 'The proceedings be...