Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ITW AFC Pty Ltd v Loi and Tran Pty Ltd (No 2) [2008] FCA 895
COSTS – trial adjourned – adjournment caused by late filing of affidavit – respondents to pay costs of adjournment on indemnity basis – resumed trial – each party partially successful – no order as to costs PATENTS – cross-claim for revocation – cross-claim hopeless – discussion of appropriate costs order
ITW AFC PTY LTD and ITW AUSTRALIA PTY LTD vLOI AND TRAN PTY LTD,
SPECIALISED SERVICES (AUST) PTY LTD, TO HA LOI and DAVID JOHN BATE
VID 453 of 2003
FINKELSTEIN J
12 JUNE 2008
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 453 of 2003
BETWEEN: ITW AFC PTY LTD and
ITW AUSTRALIA PTY LTD
Applicants
AND: LOI AND TRAN PTY LTD
SPECIALISED SERVICES (AUST) PTY LTD
TO HA LOI and
DAVID JOHN BATE
Respondents
AND BETWEEN: LOI AND TRAN PTY LTD
SPECIALISED SERVICES (AUST) PTY LTD
TO HA LOI and
DAVID JOHN BATE
Cross-Claimants
AND: ITW AFC PTY LTD
Cross-Respondent
JUDGE: FINKELSTEIN J
DATE OF ORDER: 12 JUNE 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The respondents pay the applicants' costs thrown away by reason of the adjournment on 14 November 2006, such costs to be taxed on an indemnity basis. 2. There be no order for costs of the trial.
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 453 of 2003
BETWEEN: ITW AFC PTY LTD and
ITW AUSTRALIA PTY LTD
Applicants
AND: LOI AND TRAN PTY LTD
SPECIALISED SERVICES (AUST) PTY LTD
TO HA LOI and
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