Coogi Australia Pty Ltd v Hysport International Pty Ltd & Ors [1998] FCA 1331

FEDERAL COURT OF AUSTRALIA COSTS - Court's discretion to deprive successful party of all or part of its costs - successful respondents deprived of part of their costs because of improper discovery and because of pre-trial correspondence which led applicant to believe it had good cause of action. Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-748, applied Queensland Wire Industries Pty Ltd v BHP Co Ltd (1987) 17 FCR 211, followed Inn Leisure Industries Pty Ltd v DF McCloy Pty Ltd (No 2) (1991) 28 FCR 172, referred to Commissioner of the Australian Federal Police v Razzi (No 2) (1991) 30 FCR 64, referred to Cretazzo v Lombardi (1975) 13 SASR 4, referred to Verna Trading Pty Ltd v New India Assurance Co Ltd [1991] 1 VR 129, applied

COOGI AUSTRALIA PTY LTD v HYSPORT INTERNATIONAL PTY LTD & ORS VG 284 OF 1993

DRUMMOND J BRISBANE 22 OCTOBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

victoria districT REGISTRY VG 284 of 1993

BETWEEN: COOGI AUSTRALIA PTY LTD

Applicant

AND: HYSPORT INTERNATIONAL PTY LTD

First Respondent

GEOFFREY GRAY JONES

Second Respondent

JOAN MARGARET JONES

Third Respondent

TERENCE GRAY JONES

Fourth Respondent

HARRY GEOFFREY BROWN

Fifth Respondent

JENNIFER ANNE BROWN

Sixth Respondent

BROMSGROVE PTY LTD

Seventh Respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 22/10/98

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The applicant's claims against the respondents are dismissed.

2. Judgment be entered for the first to sixth respondents in respect of their claim under s 202 the Copyright Act 1968 (Cth).

THE COURT DECLARES THAT:

3. The threats, as particularised in para 28 of the cross-claim made by Coogi Australia Pty Ltd whether by itself, its directors, officers, servants or agents or otherwise howsoever, were and are unjustified.