Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Flashback Holdings Pty Ltd v Showtime DVD Holdings Pty Ltd (No 7) [2010] FCA 913 Citation: Flashback Holdings Pty Ltd v Showtime DVD Holdings Pty Ltd (No 7) [2010] FCA 913
Parties: FLASHBACK HOLDINGS PTY LTD, GAIAM, INC and GAIAM AMERICAS, INC v SHOWTIME DVD HOLDINGS PTY LTD, INTERFREIGHT LOGISTICS PTY LTD, WILLIAM NIGEL HEYDON LESLIE, GT HOLDINGS, INC and JAFFA ROAD LIV LIMITED PARTNERSHIP
File number(s): NSD 680 of 2008
Judge: PERRAM J
Date of judgment: 25 August 2010
Catchwords: PRACTICE AND PROCEDURE – Costs – Award on indemnity basis – Conduct of party in litigation unreasonable – Failure to comply with court orders and re-litigation of issues without additional material
Legislation: Copyright Act 1968 (Cth) s 131D Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules O 62 r 36A
Cases cited: Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 cited Dowling v Fairfax Media Publications Pty Ltd (No 2) [2010] FCAFC 28 cited Flashback Pty Ltd v Showtime DVD Holdings Pty Ltd (No 3) [2009] FCA 308 cited Flashback Holdings Pty Ltd v Showtime DVD Holdings Pty Ltd (No 4) [2009] FCA 461 cited Flashback Holdings Pty Ltd v Showtime DVD Holdings Pty Ltd (No 5) [2009] FCA 859 cited Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd (No 3) [2008] FCA 896 cited Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 5) [2010] FCA 630 cited
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