Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Futuretronics.com.au Pty Limited v Graphix Labels Pty Ltd (No 3) [2008] FCA 896
COSTS – multiple causes of action – successful on only some causes of action – whether separate orders should be made – issues sufficiently separate and distinct – separate orders made – application of one-third off rule in O 62, r 36A Federal Court Rules – copyright litigation appropriately commenced in Federal Court – indemnity costs – conduct of unsuccessful respondent – did not add substantially to length of trial – indemnity costs – whether unsuccessful applicant should have known main claim had no chance of success – costs awarded on party and party basis. Federal Court Rules O 62 r 36A Australian Performing Right Association Ltd v Metro on George Pty Ltd (2004) 64 IPR 57 referred to Australasian Performing Right Association Ltd v Pashalidis [2000] FCA 1815 referred to Axe Australasia Pty Ltd v Australume Pty Ltd (No 2) [2006] FCA 844 followed Colgate-Palmolive v Cussons (1993) 46 FCR 225 referred to Fasold v Roberts (unreported, Sackville J, 11 September 1997 MG942 of 1992 referred to Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 followed Futuretronics.com.au Pty Limited v Graphix Labels Pty Ltd [2007] FCA 1621 referred to Futuretronics.com.au Pty Limited v Graphix Labels Pty Ltd (No 2) [2008] FCA 746 referred to LED Builders Pty Ltd v Hope (1994) 53 FCR 10 referred to FUTURETRONICS.COM.AU PTY LIMITED ACN 006 327 386 v GRAPHIX LABELS PTY LTD ACN 005 771 773 and JOHN ATTA
VID 1237 of 2006
BESANKO J
12 jUNE 2008
ADELAIDE (BY VIDEOCONFERENCE WITH MELBOURNE)
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1237 of 2006
BETWEEN: FUTURETRONICS.COM.AU PTY LIMITED ACN 006 327 386
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