Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Tender Withdrawal) [2020] FCA 1469

Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Tender Withdrawal) [2020] FCA 1469

Motorola cannot withdraw its tender of the evidence nor have the s 136 direction clarified beyond its current form. The direction made under s 136 of the Evidence Act 1995 (Cth) that paragraph 13 is admitted only to qualify the second sentence of paragraph 12 is sufficient, and must not be used in a freestanding way, but the court does not have power to limit the submissions parties may make beyond such evidentiary directions.

Jurisdiction
Australia
Judgment Date
14 October 2020
Procedural Posture
Intellectual Property Patents / Interlocutory Application Regarding Tender Withdrawal and Evidence Directions
Outcome
Applications dismissed
Legal Topics
['admissibility of Evidence' 'limitations on Evidence Use' 'hearsay' 's 136 Evidence Act Direction' 'withdrawal of Tender' 'patents']
['evidence' 'intellectual Property'] ['admissibility of Evidence' 'limitations on Evidence Use' 'hearsay' 's 136 Evidence Act Direction' 'withdrawal of Tender' 'patents']

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Procedural Posture

Intellectual Property Patents / Interlocutory Application Regarding Tender Withdrawal and Evidence Directions

Legal Issues

  1. 1 ['Whether the Applicant should be granted leave to withdraw tendered portions of an affidavit' 'Whether s 136 Evidence Act direction should be reversed or clarified' 'Whether the s 136 direction limits evidentiary use to qualifying a preceding paragraph']

Ratio Decidendi

Motorola cannot withdraw its tender of the evidence nor have the s 136 direction clarified beyond its current form. The direction made under s 136 of the Evidence Act 1995 (Cth) that paragraph 13 is admitted only to qualify the second sentence of paragraph 12 is sufficient, and must not be used in a freestanding way, but the court does not have power to limit the submissions parties may make beyond such evidentiary directions.

Court Disposition

Applications dismissed

Orders

  • ["Motorola's applications for withdrawal of tender, reversal or clarification of the s 136 direction, are dismissed"]