1. Key takeaways
A default decision under R. 355 RoP can be granted if a
defendant, properly served under R. 274 and
R. 277 RoP, fails to act within the
R. 49 RoP time limit
The Court exercises its discretion to issue the default
decision, emphasizing the claimant's right to an expeditious
procedure.
The defendant was served in the USA via the Hague Service
Convention but failed to file a defence or any other
application.
Skilled person defined narrowly and strict standard for
what constitutes Common General Knowledge (CGK) is applied,
distinguishing it from generally available public
information
The Court defines the skilled person as a mechanical engineer
who specialises in wave generators (and has general knowledge of
fluid mechanics, computer control, and automation).
