Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2004] FCA 1461

FEDERAL COURT OF AUSTRALIA

Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd [2004] FCA 1461

COSTS – costs of contested copyright proceedings and related commercial issues – two respondents one of whom alone cross-claimant for copyright relief – issues resolved in favour of applicant for relief and respondent to cross-claim – whether adverse costs orders should be made against both respondents despite one only cross-claiming for copyright relief – Calderbank offer earlier made by applicant – respondents' response to Calderbank offer by form of extravagant monetary demand – costs orders made against both respondents – indemnity costs to apply from time of extravagant response to Calderbank offer CONCRETE PTY LIMITED v PARRAMATTA DESIGN & DEVELOPMENTS PTY LIMITED AND GHASSAN FARES N 1509 OF 2003 CONTI J 12 NOVEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1509 OF 2003

BETWEEN: CONCRETE PTY LTD

APPLICANT

AND: PARRAMATTA DESIGN & DEVELOPMENTS PTY LTD

FIRST RESPONDENT

GHASSAN FARES

SECOND RESPONDENT

PARRAMATTA DESIGN & DEVELOPMENTS PTY LTD

CROSS-CLAIMANT

CONCRETE PTY LTD

CROSS RESPONDENT JUDGE: CONTI J

DATE OF ORDER: 12 NOVEMBER 2004

WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

1. The applicant has not infringed any copyright of the first and/or second respondents in the architectural plans that accompanied Development Application No. 16-2000-103-1 to Port Stephens Council in respect of the property known as number 5 Laman Street Nelson Bay in the State of New South Wales or in any earlier architectural plans lodged with that Council.

THE COURT ORDERS THAT: 1. The respondents pay the costs of the applicant up to and including 18 March 2004 (being the expiry date of Concrete's Calderbank offer) inclusive of all interlocutory proceedings within that period of time, on a party and party basis. 2. The respondents pay the costs of the applicant of the proceedings thereafter, inclusive of all interlocutory proceedings within that period of time, on an indemnity basis.