Aristocrat Technologies Australia Pty Limited v Konami Australia Pty Limited (No 2) [2019] FCA 1701

Aristocrat Technologies Australia Pty Limited v Konami Australia Pty Limited (No 2) [2019] FCA 1701

The respondent’s application for leave to amend its defence was refused because granting leave would necessitate significant delay and adjournment, Konami had ample opportunity to raise the point earlier, and it would be contrary to the interests of justice to allow the amendment at this late stage.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 October 2019
Procedural Posture
Application by Respondent to Amend Defence / Interlocutory Hearing During Trial
Outcome
Application for leave to file proposed Second Further Amended Defence dismissed with costs.
Legal Topics
['patents' 'practice and Procedure' 'account of Profits']
['intellectual Property'] ['patents' 'practice and Procedure' 'account of Profits']

Source-derived case record

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Procedural Posture

Application by Respondent to Amend Defence / Interlocutory Hearing During Trial

Legal Issues

  1. 1 ['Whether respondent should be permitted to amend defence to raise a new point regarding account of profits' 'Nature and timeliness of amendment' 'Effect on hearing dates and procedural fairness']

Ratio Decidendi

The respondent’s application for leave to amend its defence was refused because granting leave would necessitate significant delay and adjournment, Konami had ample opportunity to raise the point earlier, and it would be contrary to the interests of justice to allow the amendment at this late stage.

Court Disposition

Application for leave to file proposed Second Further Amended Defence dismissed with costs.

Orders

  • ['The application made by the respondent for leave to file the proposed Second Further Amended Defence is dismissed with costs.']