Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Polwood Pty Ltd v Foxworth Pty Ltd (No 2) [2008] FCAFC 168
INTELLECTUAL PROPERTY consideration of an award of costs and Orders for final relief consequent upon a decision of the Full Court in Polwood Pty Ltd v Foxworth Pty Ltd [2008] FCAFC 9
POLWOOD PTY LTD (ACN 010 708 146), LEA CHARLES RAMPTON, MARGUERITE FRANCOISE RAMPTON AND POLWOOD AUSSIE BARK PTY LTD (ACN 068 346 529) v FOXWORTH PTY LTD (ACN 010 516 855), AUSSIE PEAT PTY LTD (ACN 085 498 933), PEACHESTER THOROUGHBREDS PTY LTD (ACN 069 059 294) AND PAUL DAVID POWER
No QUD 321 of 2006
FINN, BENNETT AND GREENWOOD JJ
3 OCTOBER 2008
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 321 of 2006
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND
BETWEEN: POLWOOD PTY LTD (ACN 010 708 146)
First Appellant/First Defendant
LEA CHARLES RAMPTON
Second Appellant/Second Defendant
MARGUERITE FRANCOISE RAMPTON
Third Appellant/Third Defendant
POLWOOD AUSSIE BARK PTY LTD (ACN 068 346 529)
Fourth Appellant/Fourth Defendant
AND: FOXWORTH PTY LTD (ACN 010 516 855)
First Respondent/First Plaintiff
AUSSIE PEAT PTY LTD (ACN 085 498 933)
Second Respondent/Second Plaintiff
PAUL DAVID POWER
Third Respondent/Third Plaintiff/First Cross-Appellant
PEACHESTER THOROUGHBREDS PTY LTD
(ACN 069 059 294)
Fourth Respondent/Fourth Plaintiff/Second Cross Appellant
JUDGES: FINN, BENNETT AND GREENWOOD JJ DATE OF ORDER: 3 OCTOBER 2008
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The cross‑appeal is dismissed. 3. The appellants shall pay 50 per cent of the respondents' costs of the appeal. 4. The cross‑respondents to the cross‑appeal pay 50 per cent of the cross‑appellants' costs of the cross‑appeal. 5. Within fourteen days of the date of publication of these reasons and orders, the parties shall file and serve evidence upon which they intend to rely (if any) and make submissions (if any) in relation thereto, concerning the making of a declaration of right as contemplated by paragraph [7] of the reasons of the Court published in support of these orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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