Somnomed Ltd v Commissioner of Patents [2006] FCA 765

Somnomed Ltd v Commissioner of Patents [2006] FCA 765

The Deputy Commissioner's determination to require concurrent filing of evidence was a procedural, not substantive, ruling and as such was not reviewable under s 5 of the ADJR Act; further, the procedure adopted did not breach the rules of natural justice nor involve any error of law under s 6 since both parties retained the opportunity to present and respond to evidence adequately.

Parties
Applicant: Somnomed Ltd; First Respondent: Commissioner of Patents; Second Respondent: Atul S. Mehta
Jurisdiction
Australia
Judgment Date
23 June 2006
Procedural Posture
Judicial Review Application / Final Judgment at First Instance
Outcome
Application dismissed with costs.
Legal Topics
Judicial Review, Patents, Procedural Fairness, Practice and Procedure
Administrative Law Intellectual Property Law Judicial Review Patents Procedural Fairness Practice and Procedure

Case Brief

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Parties

Somnomed Ltd

Applicant

Commissioner of Patents

First Respondent

Atul S. Mehta

Second Respondent

Procedural Posture

Judicial Review Application / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the determination of the Deputy Commissioner of Patents requiring concurrent filing of evidence is a reviewable decision under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth)
  2. 2 Whether there was a breach of the rules of natural justice or an error of law in the course of conduct for the purposes of s 6 of the ADJR Act
  3. 3 Whether an applicant under s 36 of the Patents Act 1990 (Cth) bears an onus of proof

Ratio Decidendi

The Deputy Commissioner's determination to require concurrent filing of evidence was a procedural, not substantive, ruling and as such was not reviewable under s 5 of the ADJR Act; further, the procedure adopted did not breach the rules of natural justice nor involve any error of law under s 6 since both parties retained the opportunity to present and respond to evidence adequately.

Court Disposition

Application dismissed with costs.

Orders

  • The application be dismissed.
  • The applicant pay the first respondent's costs.