Nokia Corporation v Cellular Line Australia Pty Ltd (No 3) [2007] FCA 309

FEDERAL COURT OF AUSTRALIA

Nokia Corporation v Cellular Line Australia Pty Ltd (No 3) [2007] FCA 309

PRACTICE AND PROCEDURE – fixed costs – discretion to fix costs – relevant considerations Nokia Corporation v Cellular Line Australia Pty Ltd [2006] FCA 726 referred to Nokia Corporation v Cellular Line Australia Pty Ltd (No 3) [2006] FCA 980 referred to Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 111 cited Canvas Graphics Pty Ltd v Kodak (Australasia) Pty Ltd [1998] FCA 23 cited Selliah v Minister for Immigration and Multicultural and Indigenous Affairs [1998] FCA 469 cited MZXEF v Minister for Immigration and Multicultural Affairs [2006] FCA 709 cited NOKIA CORPORATION v CELLULAR LINE AUSTRALIA PTY LTD (ACN 093 296 694), ABBAS ZEITOUN, TUNCAY AKYILDIZ AND ERIC SOO WOONG KIM VID 1484 OF 2005

KENNY J

8 March 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1484 OF 2005

BETWEEN: NOKIA CORPORATION

Applicant

AND: CELLULAR LINE AUSTRALIA PTY LTD (ACN 093 296 694)

First Respondent

ABBAS ZEITOUN

Second Respondent

TUNCAY AKYILDIZ

Third Respondent

ERIC SOO WOONG KIM

Fourth Respondent

JUDGE: KENNY J

DATE OF ORDER: 8 March 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The proceeding be discontinued as against the third respondent. 2. The third respondent pay the applicant's costs of the proceeding in relation to him fixed in the gross sum of $6,000. 3. The third respondent have liberty to apply within one month of today with respect to the payment of these costs by way of instalments. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1484 OF 2005