Vector Corrosion Technologies Ltd v DuoGuard Australia Pty Ltd [2020] FCA 1624

Vector Corrosion Technologies Ltd v DuoGuard Australia Pty Ltd [2020] FCA 1624

After reading all of the affidavit material, the Court accepted that the respondents' recently filed affidavits raised significant matters to be addressed by the applicant. In circumstances where senior counsel submitted that the applicant would be prejudiced and unable properly to conduct the trials on the allocated dates, particularly because of expert evidence issues and trial preparation requirements, the Court vacated the hearing dates.

Jurisdiction
Australia
Judgment Date
06 November 2020
Procedural Posture
Interlocutory Application in Patent Proceedings / Application to Vacate Trial Hearing Dates Before Trial
Outcome
Application granted; hearing dates vacated and costs reserved.
Legal Topics
['vacating Trial Dates' 'patent Infringement' 'patent Revocation Cross Claim' 'patent Entitlement Proceeding' 'expert Evidence' 'prejudice in Trial Preparation']
['practice and Procedure' 'intellectual Property' 'patents'] ['vacating Trial Dates' 'patent Infringement' 'patent Revocation Cross Claim' 'patent Entitlement Proceeding' 'expert Evidence' 'prejudice in Trial Preparation']

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Procedural Posture

Interlocutory Application in Patent Proceedings / Application to Vacate Trial Hearing Dates Before Trial

Legal Issues

  1. 1 ['Whether the hearing dates for the trial of both proceedings commencing on 30 November 2020 should be vacated.' 'Whether affidavit material filed by the respondents shortly before trial raised significant matters such that the applicant would be prejudiced in preparing for and conducting the trial.']

Ratio Decidendi

After reading all of the affidavit material, the Court accepted that the respondents' recently filed affidavits raised significant matters to be addressed by the applicant. In circumstances where senior counsel submitted that the applicant would be prejudiced and unable properly to conduct the trials on the allocated dates, particularly because of expert evidence issues and trial preparation requirements, the Court vacated the hearing dates.

Court Disposition

Application granted; hearing dates vacated and costs reserved.

Orders

  • ['QUD 649 of 2018: The dates allocated for the hearing of the proceeding commencing on 30 November 2020 are vacated.' 'QUD 649 of 2018: The costs of and incidental to vacating the hearing dates are reserved for later determination.' 'QUD 649 of 2018: Pursuant to s 23 and s 37P of the Federal Court of Australia Act...