Davies Shephard Pty Ltd v Stack, George & Anor GSA Industries Pty Ltd v Stack, George & Anor [1996] FCA 486

Davies Shephard Pty Ltd v Stack, George & Anor GSA Industries Pty Ltd v Stack, George & Anor [1996] FCA 486

The motions to remove Mr Stack as a party are declined, and matters VG39 and VG40 are directed to be heard concurrently with QG29 and QG11, as the issues of entitlement, obviousness, and novelty remain to be resolved in those joined proceedings. No orders are made on the motions; costs are to be costs in the joint proceedings.

Jurisdiction
Australia
Judgment Date
04 June 1996
Procedural Posture
Appeal / Motion; Interlocutory Order
Outcome
Motions declined; no orders made on motions; cases to be heard concurrently.
Legal Topics
['patents' 'extension of Time' 'entitlement' 'novelty' 'obviousness']
['intellectual Property'] ['patents' 'extension of Time' 'entitlement' 'novelty' 'obviousness']

Case Brief

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Procedural Posture

Appeal / Motion; Interlocutory Order

Legal Issues

  1. 1 ['Whether George Stack should be removed as a party to the appeal' "Whether the appeal from the Deputy Commissioner of Patents' decision is competent under s 69(8) of the Patents Act 1990" 'How entitlement, novelty, and obviousness affect the extension of Petty Patent 645740']

Ratio Decidendi

The motions to remove Mr Stack as a party are declined, and matters VG39 and VG40 are directed to be heard concurrently with QG29 and QG11, as the issues of entitlement, obviousness, and novelty remain to be resolved in those joined proceedings. No orders are made on the motions; costs are to be costs in the joint proceedings.

Court Disposition

Motions declined; no orders made on motions; cases to be heard concurrently.

Orders

  • ['Matters VG39 and VG40 to be heard concurrently with QG29 and QG11.' 'No orders made on the motions.' 'Costs of the motions to be costs in the joint proceedings.']