FEDERAL COURT OF AUSTRALIA Occupational and Medical Innovations Limited (ACN 091 192 871) v Retractable Technologies Inc (No 3) [2007] FCA 1933 OCCUPATIONAL AND MEDICAL INNOVATIONS LIMITED (ACN 091 192 871) v RETRACTABLE TECHNOLOGIES INC QUD 146 OF 2006 DOWSETT J 30 AUGUST 2007 BRISBANE IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY QUD 146 OF 2006 BETWEEN: OCCUPATIONAL AND MEDICAL INNOVATIONS LIMITED (ACN 091 192 871) Applicant AND: RETRACTABLE TECHNOLOGIES INC Respondent JUDGE: DOWSETT J DATE OF ORDER: 30 AUGUST 2007 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. the respondent pay the applicant's costs of the hearing on 26 June 2007 and of receiving judgment today. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY QUD 146 OF 2006 BETWEEN: OCCUPATIONAL AND MEDICAL INNOVATIONS LIMITED (ACN 091 192 871) Applicant AND: RETRACTABLE TECHNOLOGIES INC Respondent JUDGE: DOWSETT J DATE: 30 AUGUST 2007 PLACE: BRISBANE REASONS FOR JUDGMENT 1 The applicant has been substantially successful in these proceedings. It is true that it complained of threats contained in two letters and has been successful only in respect of one. Although both parties accepted that the two letters had to be read together, it is possible that had the applicant proceeded only with respect to the first letter, the incurrence of some costs may have been avoided. However I doubt that any increase in costs was significant. The respondent should pay the applicant's costs of the hearing on 26 June 2007 and of receiving judgment today. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. Associate: Dated: 6 December 2007 Counsel for the Applicant: Mr J Horton Solicitor for the Applicant: Clayton Utz Counsel for the Respondent: Mr D Logan Solicitor for the Respondent: Davies Collison Cave Date of Hearing: 30 August 2007 Date of Judgment: 30 August 2007