Airservices Australia v Jeppesen Sanderson Inc [2006] FCA 906

FEDERAL COURT OF AUSTRALIA

Airservices Australia v Jeppesen Sanderson Inc [2006] FCA 906 COSTS – where substantial delay in proceedings caused by numerous attempts at amending the Application and Statement of Claim, directions hearings have been held which should not have been necessary and interlocutory steps taken and applications brought unnecessarily given the changes to the pleadings. Held: the costs thrown away should be paid by the applicant forthwith. Copyright Act 1968 (Cth) ss 10(1), 31, 32, 36 and 115 Federal Court of Australia Act 1976 (Cth) ss 21, 22, 43(2) Federal Court Rules Order 11 rule 7, Order 13 rule 2, Order 29 rule 2, Order 62 rule 3

Thompson v Mastertouch TV Services Pty Limited (1977) 15 ALR 487 Re Sanchez; Ex parte Smits (1994) 49 FCR 326 DSE (Holdings) Pty Limited v InterTAN Inc [2004] FCA 1251 McKellar v Container Terminal Management Services Limited [1999] FCA 1639 All Services Australia Pty Ltd v Telstra Corporation Ltd (2000) 171 ALR 330 Baldry v Jackson [1976] 2 NSWLR 415 AIRSERVICES AUSTRALIA v JEPPESEN SANDERSON INC & ORS VID 1096 OF 2003 GRAHAM J 14 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY VID 1096 OF 2003

BETWEEN: AIRSERVICES AUSTRALIA

Applicant

AND: JEPPESEN SANDERSON INC

First Respondent

GEOFF D BROWN & ASSOCIATES PTY LTD

(ACN 005 206 860)

Second Respondent

JEPPESEN AUSTRALIA PTY LTD

Third Respondent

JUDGE: GRAHAM J

DATE OF ORDER: 14 JULY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Applicant pay the First and Second Respondents' costs on a party and party basis, as agreed or taxed, thrown away by reason of: 1.1 the amendments to the Statement of Claim made on 10 May 2004; 1.2 the amendments to the Reply made on 8 June 2004; 1.3 the amendments to the Application and Statement of Claim made on 26 July 2004 pursuant to the leave of the Court granted on 23 July 2004; 1.4 the proposed amendments to the Application and Statement of Claim notified by the Applicant on 18 July 2005, 28 July 2005 and 24 August 2005; 1.5 the amendments to the Application and Statement of Claim made on 31 March 2006 pursuant to the leave of the Court granted on 30 March 2006. 2. The costs order made on 17 December 2004, that the Respondents pay the Applicant's costs thrown away by reason of the Cross-Claim, be set aside. 3. The Applicant pay the First and Second Respondents' costs of this motion on a party and party basis. 4. The First and Second Respondents have leave to tax forthwith the costs referred to in orders 1 and 3 and such costs, as agreed or taxed, be paid forthwith.