Rommelag, A.G. v Delta West Pty Ltd [1995] FCA 301

Rommelag, A.G. v Delta West Pty Ltd [1995] FCA 301

The Federal Court has no jurisdiction to entertain the notice of appeal and the application for leave to appeal because the only matter for determination in those applications is whether the third party notice should be struck out based on the purchase agreement’s choice of law and jurisdiction clauses, which is not a matter arising under the Patents Act. Therefore, s 7(3) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) mandates that the appeal lies only to the Full Court of the Supreme Court of Victoria.

Jurisdiction
Australia
Judgment Date
19 May 1995
Procedural Posture
Application for Leave to Appeal / Motion to Set Aside Notice of Appeal / Interlocutory
Outcome
Federal Court has no jurisdiction; notice of appeal and application for leave to appeal dismissed.
Legal Topics
['cross Vesting' 'appeal Jurisdiction' 'interlocutory Orders' 'choice of Law' 'choice of Jurisdiction' 'patent Infringement' 'trade Practices']
['courts and Judicial System' 'patent Law'] ['cross Vesting' 'appeal Jurisdiction' 'interlocutory Orders' 'choice of Law' 'choice of Jurisdiction' 'patent Infringement' 'trade Practices']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Motion to Set Aside Notice of Appeal / Interlocutory

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction to entertain an application for leave to appeal from an interlocutory order of the Supreme Court of Victoria in third party proceedings related to patent infringement but involving contract and trade practices issues' "Whether the orders appealed from are matters 'arising under' the Patents Act 1990 (Cth) within the meaning of Section 158(1) and the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)"]

Ratio Decidendi

The Federal Court has no jurisdiction to entertain the notice of appeal and the application for leave to appeal because the only matter for determination in those applications is whether the third party notice should be struck out based on the purchase agreement’s choice of law and jurisdiction clauses, which is not a matter arising under the Patents Act. Therefore, s 7(3) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) mandates that the appeal lies only to the Full Court of the Supreme Court of Victoria.

Court Disposition

Federal Court has no jurisdiction; notice of appeal and application for leave to appeal dismissed.

Orders

  • ['It is declared that the Federal Court of Australia has no jurisdiction to entertain the notice of appeal filed on 19 December 1994 or the application for leave to appeal filed on 22 March 1995.' "Appellant to pay the respondent's costs of and incidental to the motion on notice dated 30 March 1995."]