Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 3)

Australian Mud Company Pty Ltd was the plaintiff and Globaltech Corporation Pty Ltd was the defendant in a dispute before the Federal Court. The plaintiff sought compensation for the defendant's alleged infringement of its patent. The primary issue was whether the plaintiff should be compelled to choose between pursuing damages or an account of profits before the defendant had completed its evidence on damages. The plaintiff had submitted evidence concerning damages, while the defendant had filed evidence regarding an account of profits. The plaintiff sought to delay the election until after the defendant's evidence on damages had been served.

The court needed to determine if delaying the election would unfairly prejudice the defendant, potentially impacting their ability to prepare a response or cross-examine witnesses. The court considered the plaintiff's right to elect the remedy it preferred and the defendant's right to a timely resolution of the dispute. The court assessed whether the plaintiff's proposed delay would cause significant prejudice to the defendant, impacting their ability to effectively defend the case. The court found that the plaintiff's request to delay the election would not cause undue prejudice to the defendant and dismissed the application. The court ordered that the plaintiff must make their election within 14 days of receiving the defendant's evidence on damages.

The court's decision balanced the rights of both parties, ensuring that the plaintiff could choose their preferred remedy while also protecting the defendant from undue delay. The court also set deadlines for the exchange of evidence and the making of the election, aiming to expedite the resolution of the dispute. The court ordered the defendant to pay the plaintiff's costs associated with the unsuccessful application, reflecting the court's view that the application was not well-founded.