Autronic Plastics Inc v DRM Trading Pty Limited [2006] FCA 764

Autronic Plastics Inc v DRM Trading Pty Limited [2006] FCA 764

Leave to amend the defence to the cross-claim was granted because the amendment should be allowed, with costs thrown away paid by the applicant/cross-respondent. No formal admission was ordered because the Court left formalisation to the parties while expecting proper admissions to avoid misunderstanding. The Court was not persuaded that the applicant's request concerning s 117 was merely pre-action discovery, because a case about the Case was pleaded in paragraphs 11 to 15, but the pleading and particulars likely needed to be brought into line with the argument; accordingly no discovery order was made immediately and the motion was adjourned. The respondent was ordered to send letters to...

Jurisdiction
Australia
Judgment Date
16 June 2006
Procedural Posture
Patent Infringement Proceeding With Cross Claim / Interlocutory Motion Concerning Amendment of Defence to Cross Claim, Discovery/interrogatories and Infringement Issues
Outcome
Applicant granted leave to amend its defence to the cross-claim; costs orders made; respondent ordered to send letters to relevant Dubois and MeadWestvaco entities; discovery issue not determined and motion adjourned for further argument.
Legal Topics
['leave to Amend Defence to Cross Claim' 'discovery' 'interrogatories' 'admissions' 'patent Infringement' 'patents Act S 117' 'patents Act S 24' 'costs']
['patents' 'civil Procedure'] ['leave to Amend Defence to Cross Claim' 'discovery' 'interrogatories' 'admissions' 'patent Infringement' 'patents Act S 117' 'patents Act S 24' 'costs']

Case Brief

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Procedural Posture

Patent Infringement Proceeding With Cross Claim / Interlocutory Motion Concerning Amendment of Defence to Cross Claim, Discovery/interrogatories and Infringement Issues

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to amend its defence to the cross-claim.' 'Whether the Court should order the respondent to make or formalise admissions about steps taken in its business in selling cases, tags, or cases and tags.' "Whether discovery or interrogatories should be ordered to obtain documents or information relevant to the applicant's arguments under s 117 of the Patents Act 1990 (Cth)." 'Whether the respondent should be required to write to relevant United States corporate entities described as Dubois and MeadWestvaco concerning issues raised in the defence to cross-claim.']

Ratio Decidendi

Leave to amend the defence to the cross-claim was granted because the amendment should be allowed, with costs thrown away paid by the applicant/cross-respondent. No formal admission was ordered because the Court left formalisation to the parties while expecting proper admissions to avoid misunderstanding. The Court was not persuaded that the applicant's request concerning s 117 was merely pre-action discovery, because a case about the Case was pleaded in paragraphs 11 to 15, but the pleading and particulars likely needed to be brought into line with the argument; accordingly no discovery order was made immediately and the motion was adjourned. The respondent was ordered to send letters to...

Court Disposition

Applicant granted leave to amend its defence to the cross-claim; costs orders made; respondent ordered to send letters to relevant Dubois and MeadWestvaco entities; discovery issue not determined and motion adjourned for further argument.

Orders

  • ['The Applicant/Cross-Respondent be granted leave to amend its Defence to Cross-Claim in the manner marked-up in Annexure A to the Notice of Motion filed 3 May 2006, such amendment to be filed no later than Friday 24 June 2006.' 'The costs of the cross-claimant thrown away by the amendment be paid by the...