Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aircent Pty Ltd v Apple Computer Australia Pty Ltd [2002] FCA 1270
PRACTICE & PROCEDURE – initiation of Federal Court proceeding while proceeding under way in Supreme Court of New South Wales – whether initiation of Federal Court proceeding constitutes an abuse of process – whether proceeding should be stayed or dismissed. COSTS – whether appropriate to order costs against solicitor on an indemnity basis. Trade Practices Act 1974 (Cth) s 52
Federal Court of Australia Act 1976 (Cth) s 43(2)
Fair Trading Act 1987 (NSW)
Federal Court RulesO20 r 2, O 45 r 7
Walton v Gardiner (1993) 177 CLR 378, applied
Software Engineers Australia (NSW) Ltd v Bonket Pty Ltd [2002] FCA 1168, referred to
Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397, referred to
AIRCENT PTY LTD v APPLE COMPUTER AUSTRALIA PTY LTD and MR JIM LIKIDIS V 172 OF 2002 MARSHALL J MELBOURNE 15 OCTOBER 2002
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 172 OF 2002
BETWEEN: AIRCENT PTY LTD
(ACN 064 205 858)
APPLICANT
AND: APPLE COMPUTER AUSTRALIA PTY LTD
(ACN 002 510 054)
FIRST RESPONDENT
MR JIM LIKIDIS
SECOND RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 15 OCTOBER 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The substantive proceeding be dismissed.
2. Issac Brott & Co. pay the respondents' costs of the proceeding on and from 10 April 2002 until 1 October 2002.
3. Such costs referred to in order 2 be paid on an indemnity basis.
4. The applicant pay the respondents' costs of the application otherwise and the costs of the motion.
5. The motion otherwise be dismissed. In respect of Mr Brott's motion, it is ordered that:
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