Winner, J.E. & Anor v Morey Haigh & Associates (A'ASIA) Pty Ltd [1995] FCA 43

CATCHWORDS COSTS - patent infringement proceedings - patent revoked in other proceedings - proceedings dismissed by consent - application for payment of costs on indemnity basis. Colgate Palmolive v Cussons Pty Ltd (1993) 46 FCR 225; 118 ALR 263 JAMES EARL WINNER and ANOR v MOREY HAIGH & ASSOCIATES (A'ASIA) PTY LIMITED No. NG 619 of 1991 No. NG 848 of 1991 Coram:Whitlam J Place: Sydney Date: 14 February 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 619 of 1991 ) GENERAL DIVISION ) JAMES EARL WINNER First Applicant DONNA C WINNER Second Respondent MOREY HAIGH & ASSOCIATES (A'ASIA) PTY LIMITED Respondent Coram:Whitlam J Place: Sydney Date: 14 February 1995 MINUTE OF ORDER THE COURT ORDERS THAT: 1. The applicants pay half of the respondent's costs of the proceeding (including the cross-claim) up to 24 May 1994. 2. The said costs be taxed on a party and party basis. 3. The respondent pay the applicants' costs of the hearing of the notice of motion filed on 9 May 1994. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 848 of 1991 ) GENERAL DIVISION ) JAMES EARL WINNER First Applicant DONNA C WINNER Second Respondent MOREY HAIGH & ASSOCIATES (A'ASIA) PTY LIMITED Respondent Coram:Whitlam J Place: Sydney Date: 14 February 1995 MINUTE OF ORDER THE COURT ORDERS THAT: 1. The respondent's costs ordered to be paid on 24 May 1994 be taxed on a party and party basis. 2. The respondent pay the applicants' costs of the notice of motion filed 9 May 1994. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.