Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Black & Decker Inc v Sunaone Pty Ltd [2008] FCA 1827
COSTS – patent and design infringement claim – cross-claim for revocation – gross sum assessment – deduction where expert witness fees in excess of scale rate – whether court should otherwise order under Federal Court Rules O 62 r 36A given judgment less than $100,000 Federal Court Rules O 62 rr 4(2), 36A Patents Act 1990 (Cth) ss 120(1), 138(1), Sch 1 AR Jamieson Investments Pty Ltd v Robak Engineering & Construction Pty Ltd [1998] VSC 69 cited Australasian Performing Right Association Ltd v Metro on George Pty Ltd (2004) 64 IPR 57 cited Axe Australasia v Australume [2006] FCA 844 cited Black & Decker Inc v GMCA Pty Ltd (No 2) (2008) 76 IPR 99 cited Black & Decker Inc v GMCA Pty Ltd (No 4) [2008] FCA 1737 cited Black & Decker Inc v GMCA Pty Ltd (No 5) [2008] FCA 1738 cited LED Builders Pty Ltd v Hope (1994) 53 FCR 10 cited Seven Network News Limited v News Limited [2007] FCA 2059 followed Sony Entertainment (Australia) Ltd v Smith (2005) 215 ALR 788 cited Tu v Pakway Australia Pty Ltd (2006) 227 ALR 287 cited Bucknell D, Beattie K, Goatcher A, Rofe H, Australian Patent Law (LexisNexis Butterworths, 2004). BLACK & DECKER INC and BLACK & DECKER (AUSTRALIA) PTY LTD v SUNAONE PTY LTD
VID 1262 of 2005
HEEREY J
28 NOVEMBER 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1262 of 2005
BETWEEN: BLACK & DECKER INC
First Applicant
BLACK & DECKER (AUSTRALIA) PTY LTD
Second Applicant
AND: SUNAONE PTY LTD
Respondent
JUDGE: HEEREY J
DATE OF ORDER: 28 NOVEMBER 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The costs ordered by the Court on 19 June 2008 to be paid by the Respondent to the Applicants are specified in a gross sum of $825,000.00, pursuant to Order 62 Rules 4(2)(c) and (d) of the Federal Court Rules. 2. Such sum shall be paid forthwith by the Respondent to the Applicants. 3. Such sum shall not be reduced pursuant to Order 62 Rule 36A of the Federal Court Rules. 4. The Respondent shall pay the Applicants' costs of or incidental to the Applicants' Notice of Motion filed 31 October 2008, including any reserved costs. 5. These orders shall be signed by a Judge and authenticated forthwith by the Registrar.
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