Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brother Industries, Ltd v Dynamic Supplies Pty Ltd [2008] FCA 126 COSTS – indemnity costs – three offers of compromise declined – third offer more favourable to offeree than final orders – applicants unnecessarily required to adduce evidence and call witnesses – timely admissions not given by respondent – cross-claim without evidentiary foundation – O 23 r 11(4) of the Federal Court Rules 1979 (Cth).
Federal Court Act 1976 (Cth) s 43(2) Federal Court Rules 1979 (Cth) O 23 r 11(4)
Brother Industries, Ltd v Dynamic Supplies Pty Ltd (2007) 73 IPR 507 related Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 considered Dukemaster Pty Ltd v Bluehive Pty Limited [2003] FCAFC 1 cited Fountain Selected Meals (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 cited Seven Network Ltd News Ltd [2007]FCA 1489 cited BROTHER INDUSTRIES, LTD AND BROTHER INTERNATIONAL (AUST) PTY LTD (ACN 064 793 862) v DYNAMIC SUPPLIES PTY LTD (ACN 064 793 862) NSD 50 OF 2005
TAMBERLIN J
20 FEBRUARY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 50 OF 2005
BETWEEN: BROTHER INDUSTRIES, LTD
First Applicant
BROTHER INTERNATIONAL (AUST) PTY LTD
(ACN 064 793 862)
Second Applicant
AND: DYNAMIC SUPPLIES PTY LTD (ACN 064 793 862)
Respondent
JUDGE: TAMBERLIN J
DATE OF ORDER: 20 FEBRUARY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
The parties agree and send to the Associate to Justice Tamberlin draft short minutes of order to give effect to these reasons. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 50 OF 2005
BETWEEN: BROTHER INDUSTRIES, LTD
First Applicant
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