Northern Territory v Collins

[2008] HCA 49

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(Judgment by: Heydon J)

Northern Territory
vCollins

Court:

Judges: Gummow ACJ
Kirby J
Hayne J

Heydon JCrennan J

Hearing date:
Judgment date: 16 October 2008

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Judgment by:
Heydon J

57. I agree with Crennan J's conclusion that the Northern Territory is protected by s 117(2)(b) of the Patents Act 1990 (Cth), and with the reasons she has given for that conclusion. That conclusion is a sufficient basis for allowing the appeal and for making the other orders she proposes. It is therefore not necessary to consider the other two bases which the Northern Territory urged in support of an order allowing its appeal.