Voxson Pty Ltd v Telstra Corporation Limited (No 7) [2017] FCA 267

Voxson Pty Ltd v Telstra Corporation Limited (No 7) [2017] FCA 267

The amendments to the originating applications and pleadings did not arise out of substantially the same facts as the original claims, but presented a new case; accordingly, orders were made that such amendments take effect from 23 March 2015 and not from the commencement of proceedings.

Parties
Applicant: Voxson Pty Ltd; First Respondent: Telstra Corporation Limited; Third Respondent: Optus Mobile Pty Limited; Fifth Respondent: Vodafone Hutchison Australia Pty Limited; Sixth Respondent: Optus Networks Pty Limited
Jurisdiction
Australia
Judgment Date
20 March 2017
Procedural Posture
Originating Application and Interlocutory Amendment Dispute / Interlocutory Hearing Orders as to Effect of Amendments
Outcome
Amendments to originating applications and pleadings take effect from 23 March 2015; parties to bring in minutes of order; matter stood over for case management hearing.
Legal Topics
Amendment of Pleadings, Statutory Limitations, Patents
Practice and Procedure Intellectual Property Amendment of Pleadings Statutory Limitations Patents

Case Brief

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Parties

Voxson Pty Ltd

Applicant

Telstra Corporation Limited

First Respondent

Optus Mobile Pty Limited

Third Respondent

Vodafone Hutchison Australia Pty Limited

Fifth Respondent

Optus Networks Pty Limited

Sixth Respondent

Procedural Posture

Originating Application and Interlocutory Amendment Dispute / Interlocutory Hearing Orders as to Effect of Amendments

Legal Issues

  1. 1 Whether amendments to the originating application and pleadings to add statute barred claims can take effect from the date of commencement of the proceeding or a later date under Federal Court Rules 2011 (Cth)
  2. 2 Whether the new claim for relief in the amendment arises out of the same facts or substantially the same facts as the existing claim for relief
  3. 3 Whether pleadings can be amended under implied powers to add statute barred causes of action

Ratio Decidendi

The amendments to the originating applications and pleadings did not arise out of substantially the same facts as the original claims, but presented a new case; accordingly, orders were made that such amendments take effect from 23 March 2015 and not from the commencement of proceedings.

Court Disposition

Amendments to originating applications and pleadings take effect from 23 March 2015; parties to bring in minutes of order; matter stood over for case management hearing.

Orders

  • Parties to bring in short minutes of order giving effect to these reasons within 14 days.
  • Matter stood over for further case management hearing on 7 April 2017 at 9:30am.