Scantech Ltd v Asbury

Scantech Ltd was the plaintiff and Asbury was the defendant in a case heard by the Federal Court of Australia. The dispute centred around issues of patent infringement, specifically regarding a retro-fit kit. Scantech sought amendments to its pleadings and also requested that the issue of liability be determined separately from the issues of damages and other relief.

The court had to decide whether Scantech's application to amend its pleadings should be allowed, given that it had not made the application before complying with prior orders for discovery and filing of evidence. The court also had to determine if it was in the interests of justice to order that the issue of liability be heard and determined separately from the issues of damages and other relief. The court considered the potential for further delay, the possibility that some witnesses might be relevant to both liability and damages, and the potential for settlement after a separate determination of liability.

In its reasoning, the court noted that the applicant's non-compliance with prior orders should not be a basis for allowing the amendment application. The court rejected the notion that a separate determination of liability would expedite the trial, as it would still require the assembly of expert evidence. The court also found that it was possible that some witnesses might be relevant to both liability and damages, and that there was no suggestion that the case was likely to settle after a separate determination of liability. The court was not persuaded by the applicant's argument that experts could not prepare reports based on different assumptions regarding confidentiality and that it would be unduly burdensome to require them to do so.

The court allowed the application to amend but rejected the application for a separate determination of liability. The court gave the parties the opportunity to prepare minutes of order reflecting these conclusions. The final orders provided that the parties had leave to bring in minutes of order reflecting the conclusions expressed in the reasons delivered by the court.