Moduline P/L v Davis, G.N

[1993] FCA 1033

JUDGMEN'I' No. ........ ........ .. /o33 93 1 ........ ....

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY

GENERAL DIVISION

B E T W E E N :

MODULINE PTY LTD

Applicant

A N D :

GEOFFREY NORMAN DAVIS AND OTHERS

Respondents

COURT :	NORTHROP J
PLACE	-
I	MELBOURNE
M:	13 DECEMBER 1993

EX TEMPORE REASONS FOR JUDGMENT

It seems to me that in this case, because of

amendments to the petty patent being sought by the applicant,
those amendments should be determined before the main action

proceeds, even though there may be a certain degree of

overlapping. It seems to me that on the facts of thls case

the respondent is entitled to know what is going to be in

of these proceedings and I order as follows:

issue as far as the patent is concerned.

It may well be that as a result of the amendments, if

made, the main hearing could be shortened, but in any event it
seems that the matter of the amendment of the petty patent

should be determined first as a separate issue.

Accordingly it seems that the orders sought by the

respondent are the appropriate orders for the future conduct

1.    The applicant's motion to amend the patent in suit be heard separately and before the relevant proceedings.

1A.	The applicant to have leave to file and serve on or before 20 December 1993 amended particulars of the proposed amendments.
2.	The applicant file and serve on each other party who opposes the application a statement of grounds relied on for the amendment on or before 20 December 1993.
3.	The respondents and any other person opposing the application file and serve the statement of grounds relied on in opposition to the amendment on or before 21 January 1994.
4.	Evidence in support of, and in opposition to, the
proposed amendments be on affidavit and filed and served
as follows:

(a)	the applicant's evidence in support of the amendments be filed and served on or before 14 February 1994;
(b)	the respondents and any other person opposing the application to amend, file and serve affidavits in opposition to the proposed amendments on or before 14 March 1994;
(c)	the applicant file and serve any affidavits in reply on or before 14 April 1994.

5.    All steps in the proceedings be stayed pending the hearing and determination of the application to amend.

6.    The proceedings and the motion for amendment be listed for a directions hearing in the intellectual property directions on 18 April 1994.

6A. The applicant to pay the party/party costs of the

Commissioner of Patents in this proceeding.

1. The applicant's and the respondent's costs be reserved.

I certify that this and the preceding two (2) pages are a true
copy of the Ex Tempore Reasons for Judgment of The Honourable

Mr Justice R.M. Northrop.

Associate:  '@I~J@C/W