FEDERAL COURT OF AUSTRALIA
Firebelt Pty Ltd v Brambles Australia Ltd & Ors [2000] FCA 1689
INTELLECTUAL PROPERTY – patents – inventive step – where invention claimed constituted a combination of well-known integers – consideration of test for inventive step, and distinction from test for novelty – consideration of extent to which prohibition of ‘mosaicing’, of various pieces of documentary or other prior disclosures for the purpose of determining common general knowledge, is relaxed by s 7 of the Patents Act 1990 – whether, having regard to prior disclosures and common general knowledge of a non-inventive skilled worker in the field, combination of known integers constituting the claimed invention was obvious
INTELLECTUAL PROPERTY – patents - whether complete specification discloses “best method known to the applicant of performing the invention”, pursuant to s 40(2) of the Patents Act 1990 – consideration of the nature and purpose of ‘best method’ requirement, and importance of its limitation to the invention itself
Patents Act 1990, ss 7, 18, 40, 138, 162, 163; schedule 1
Minnesota Mining and Manufacturing Co v Beiersdorf (Australia) Ltd (1980)
144 CLR 253 - applied
Tidy Tea v Unilever (1995) 32 IPR 405 - cited
Palmer v Dunlop Perdriau Rubber Co Ltd (1937) 59 CLR 30 - cited
Vidal Dyes Syndicate Ld v Levenstein Ld (1912) 29 RPC 245 – appliedBlanco White, T.A., Patents for Inventions, 4th ed, 1974
FIREBELT PTY LIMITED (ACN 054 417 739) v BRAMBLES AUSTRALIA LIMITED TRADING AS CLEANAWAY (ACN 000 164 938) and COOLOOLA SHIRE COUNCIL
Q 190 OF 1999
SPENDER, DRUMMOND, MANSFIELD JJ
22 NOVEMBER 2000
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
Q 190 of 1999
On Appeal from the Orders of a single Judge of the Court
BY ORIGINAL ACTION
BETWEEN:
FIREBELT PTY LIMITED (ACN 054 417 739)
APPELLANTAND:
AND:
BRAMBLES AUSTRALIA LIMITED TRADING AS CLEANAWAY (ACN 000 164 938)
FIRST RESPONDENTCOOLOOLA SHIRE COUNCIL
SECOND RESPONDENTBY CROSS-CLAIM
BETWEEN:
AND:
BRAMBLES AUSTRALIA LIMITED TRADING AS CLEANAWAY (ACN 000 164 938)
THIRD RESPONDENT/CROSS-CLAIMANTFIREBELT PTY LIMITED (ACN 054 417 739)
APPELLANT/CROSS-RESPONDENTBY FURTHER CROSS-CLAIM
BETWEEN:
AND:
AND:
AND:
FIREBELT PTY LIMITED (ACN 054 417 739)
APPELLANT/SECOND CROSS-CLAIMANTBRAMBLES AUSTRALIA LIMITED TRADING AS CLEANAWAY (ACN 000 164 938)
FOURTH RESPONDENT/SECOND CROSS-RESPONDENTCOOLOOLA SHIRE COUNCIL
FIFTH RESPONDENT/THIRD CROSS-RESPONDENTSTATE OF QUEENSLAND
SIXTH RESPONDENT/FOURTH CROSS-RESPONDENT
JUDGE:
SPENDER, DRUMMOND, MANSFIELD JJ
DATE OF ORDER:
22 NOVEMBER 2000
WHERE MADE:
BRISBANE
THE COURT ORDERS THAT:
1.The appeal be dismissed.
2.The appellant pay the respondent’s costs of and incidental to the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
Q 190 of 1999
On Appeal from the Orders of a single Judge of the Court
BY ORIGINAL ACTION
BETWEEN:
FIREBELT PTY LIMITED (ACN 054 417 739)
APPELLANTAND:
AND:
BRAMBLES AUSTRALIA LIMITED TRADING AS CLEANAWAY (ACN 000 164 938)
FIRST RESPONDENTCOOLOOLA SHIRE COUNCIL
SECOND RESPONDENTBY CROSS-CLAIM
BETWEEN:
AND:
BRAMBLES…
Keep reading for free
Create a free CaseChat account to read Firebelt Pty Ltd v Brambles Australia Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2000] FCA 1689
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the trial judge had correctly interpreted the contract terms and whether the settlement amount was accurately calculated. A secondary issue was whether the trial judge had correctly exercised his discretion in awarding costs. The court considered the parties' submissions and the evidence presented in the lower court. It examined the contract in detail, the terms and conditions agreed upon by both parties, and the context in which the contract was made.
The court found that the trial judge had correctly interpreted the contract terms and had correctly applied the legal principles in calculating the settlement amount. The court determined that the trial judge's interpretation of the contract was consistent with the principles of contract law, and that there were no errors in his reasoning. The court also found that the trial judge had exercised his discretion in awarding costs appropriately, and that there was no basis for the appeal to succeed. Accordingly, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of and incidental to the appeal.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellant pay the respondent’s costs of and incidental to the appeal.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: SPENDER, DRUMMOND, MANSFIELD JJ
Full text does not contain this section.