Catchwords:

PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory order – application granted

PRACTICE AND PROCEDURE – appeal from decision to dismiss application for leave to file third further amended defence – where primary judge erred in finding that proposed amendments lacked coherence – where amendments are relevant to the determination of the respondent’s claim for additional damages arising from alleged flagrant infringements pursuant to the Patents Act 1990 (Cth) and Copyright Act 1968 (Cth) – appeal allowed