SNF (Australia) Pty Ltd v CIBA Specialty Chemicals Water Treatments Limited [2011] FCA 794

SNF (Australia) Pty Ltd v CIBA Specialty Chemicals Water Treatments Limited [2011] FCA 794

Leave to appeal was granted because the orders were interlocutory, having determined liability but not the quantification of damages or an account of profits; refusal of leave would cause substantial injustice by requiring the parties to incur significant quantum-related costs before appellate review; and, in the context of a substantive liability decision, the parties' reasons and CIBA's support for leave satisfied the Court that the requisite degree of doubt attended the decision below.

Jurisdiction
Australia
Judgment Date
15 July 2011
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Liability Orders and Declarations Made by Kenny J on 9 June 2011
Outcome
Leave to appeal granted; costs reserved.
Legal Topics
['leave to Appeal' 'interlocutory Judgment' 'separate Determination of Liability and Quantum' 'patent Infringement' 'innovation Patents' 'damages or Account of Profits']
['practice and Procedure' 'patents'] ['leave to Appeal' 'interlocutory Judgment' 'separate Determination of Liability and Quantum' 'patent Infringement' 'innovation Patents' 'damages or Account of Profits']

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Liability Orders and Declarations Made by Kenny J on 9 June 2011

Legal Issues

  1. 1 ['Whether the liability orders were interlocutory so that leave to appeal was required under s 24(1A) of the Federal Court of Australia Act 1976 (Cth).' "Whether the primary judge's decision was attended by sufficient doubt to warrant reconsideration by the Full Court." 'Whether refusal of leave would cause substantial injustice to the relevant parties before quantum was determined.']

Ratio Decidendi

Leave to appeal was granted because the orders were interlocutory, having determined liability but not the quantification of damages or an account of profits; refusal of leave would cause substantial injustice by requiring the parties to incur significant quantum-related costs before appellate review; and, in the context of a substantive liability decision, the parties' reasons and CIBA's support for leave satisfied the Court that the requisite degree of doubt attended the decision below.

Court Disposition

Leave to appeal granted; costs reserved.

Orders

  • ['Leave be granted to the applicant/cross-respondent to appeal the orders and declarations made by Justice Kenny on 9 June 2011 in this proceeding.' 'The applicant/cross-respondent file and serve any notice of appeal within 7 days of these orders.' 'Costs reserved.']