Norm Engineering v Digga Australia (No. 3) [2007] FCA 953

FEDERAL COURT OF AUSTRALIA

Norm Engineering v Digga Australia (No. 3) [2007] FCA 953 INTELLECTUAL PROPERTY – consideration of the resolution of all outstanding questions in relation to the costs of the proceedings the subject of judgment in Norm Engineering v Digga Australia [2007] FCA 761 and all interlocutory applications – consideration of the question of interest upon damages awarded pursuant to s 115(2) of the Copyright Act 1968 (Cth). Copyright Act 1968 (Cth) Norm Engineering v Digga Australia [2007] FCA 761 Norm Engineering v Digga Australia (No. 2) [2007] FCA 860 Norm Engineering v Digga Australia Pty Ltd [2005] FCA 1378 Norm Engineering v Digga Australia Pty Ltd [2006] FCA 190 Norm Engineering Pty Ltd v Digga Australia Pty Ltd (No. 2) [2006] FCA 732 LED Builders Pty Ltd v Eagle Homes Pty Ltd (No. 3) (1996) 70 FCR 436 Dr Martens Australia Pty Ltd v Bata Shoe Co of Australia Pty Ltd (1997) 75 FCR 230 NORM ENGINEERING PTY LTD (ACN 010 799 943) v DIGGA AUSTRALIA PTY LTD (ACN 010 443 875) QUD285 OF 2005

GREENWOOD J

26 JUNE 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD285 OF 2005

BETWEEN: NORM ENGINEERING PTY LTD (ACN 010 799 943)

Applicant

AND: DIGGA AUSTRALIA PTY LTD (ACN 010 443 875)

Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 26 JUNE 2007

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:-

1. The respondent pay the applicant's costs of and incidental to the applicant's Notice of Motion filed 7 June 2006 by which the applicant sought an order for further and better discovery of particular documents from the respondent.

2. The applicant pay the respondent's costs of and incidental to the applicant's Notice of Motion filed 23 September 2005 by which the applicant sought an interlocutory injunction until further or earlier order.