2 Oct 2012
DOUG ANDREWS HEATING AND VENTILATION LTD V DIL HC AK CIV-2009-404-4759
- Citation
- openlaw-ef17511e_ab84_4460_a96c_f240d0669a1b.pdf
- Court
- High Court
Joinder of Multi KC Limited granted under r4.56 because MKC and DAHV have materially identical interests and the joinder does not amount to MKC 'bringing' proceedings so ss72 and 85 are not engaged; leave granted under r22.25 for the third defendant to amend particulars to add additional alleged prior art because the amendments raise matters of public interest in testing patent validity, there was no demonstrable prejudice given the trial is a year away, and the merits of prior-use allegations are predominantly factual and for trial rather than for interlocutory determination.