Bramco Electronics Pty Ltd v ATF Mining Electrics Pty Ltd (No 2)

Court of Appeal

New South Wales

Case Title:

Bramco Electronics Pty Ltd v ATF Mining Electrics Pty Ltd (No 2)

Medium Neutral Citation:

[2014] NSWCA 62

Hearing Date(s):

20 August 2013

Decision Date:

17 March 2014

Before:

Meagher JA; Barrett JA; Ward JA

Decision:

Determination that it is in the interests of justice in the present case that the Court proceed to determine appellate proceeding

Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

PROCEDURE - determination as to whether interests of justice require Court to determine the matter

Legislation Cited:

Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)
Patents Act 1990 (Cth)

Cases Cited:

AFT Mining Electrics Pty Ltd v Bramco Electronics Pty Ltd [2012] NSWSC 1126
Bramco Electronics Pty Ltd v AFT Mining Electrics Pty Ltd [2013] NSWCA 392
Macchia v The Public Trustee [2008] WASCA 241; (2008) 251 ALR 385
OHB v MTM [2007] WASCA 6; (2007) 207 FLR 95

Category:

Principal judgment

Parties:

Bramco Electronics Pty Ltd (Applicant)
ATF Mining Electrics Pty Ltd (Respondent)

Representation

- Counsel:

Counsel:
Ms J Baird SC (Applicant)
C R C Newlinds SC with R D Glasson (Respondent)

- Solicitors:

Solicitors:
K&L Gates (Applicant)
Moray & Agnew Lawyers (Respondent)

File Number(s):

CA 12/354542

Decision Under Appeal

- Before:

Sackar J

- Date of Decision: 

18 September 2012

- Citation:

ATF Mining Electrics Pty Ltd v Bramco Electronics Pty Ltd [2012] NSWSC 1126

- Court File Number(s):

SC 12/059118

JUDGMENT

1. THE COURT: As outlined in reasons published on 26 November 2013 (Bramco Electronics Pty Ltd v AFT Mining Electrics Pty Ltd [2013] NSWCA 392), the Court decided that an application for leave to appeal from the decision by Sackar J in AFT Mining Electrics Pty Ltd v Bramco Electronics Pty Ltd [2012] NSWSC 1126 was caught by the provisions of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) and that, pursuant to s 7(7) of that Act, the Court was required to transfer the appellate proceeding to the Full Court of the Federal Court of Australia unless the interests of justice required the Court to proceed to determine the matter.

2. Having received and considered submissions of the parties on that question, the Court has decided that the interests of justice require it to proceed to determine the matter.

3. As explained in the reasons of 26 November 2013, the question whether this Court was required to transfer the appellate proceeding to the Full Court of the Federal Court, although raised by the Court itself at the start of the hearing, did not become the subject of considered attention by counsel for the parties until written submissions were lodged after the substantive hearing…