Ron Englehart Pty Ltd v Enterprise Constructions (Aust) Pty Ltd (No 2) [2010] FCA 1168

FEDERAL COURT OF AUSTRALIA

Ron Englehart Pty Ltd v Enterprise Constructions (Aust) Pty Ltd (No 2) [2010] FCA 1168 Citation: Ron Englehart Pty Ltd v Enterprise Constructions (Aust) Pty Ltd (No 2) [2010] FCA 1168

Parties: RON ENGLEHART PTY LTD (ACN 005 657 554) v ENTERPRISE CONSTRUCTIONS (AUST) PTY LTD (ACN 067 405 896) and SAFAK ARLEN DERVISH

File number: VID 537 of 2009

Judge: JESSUP J

Date of judgment: 29 October 2010

Catchwords: PRACTICE AND PROCEDURE – Costs – Amendment to defence and dismissal of cross claim – Whether applicant entitled to costs thrown away by reason of amendment to defence, and its costs of cross-claim – Whether applicant entitled to costs of cross-claim on indemnity basis PRACTICE AND PROCEDURE – Costs – Copyright infringement action – Applicant failed in proceeding generally yet succeed on subsistence issue – Whether applicant entitled to costs of subsistence claim – Whether such costs should be taxed on indemnity basis PRACTICE AND PROCEDURE – Costs – Respondents succeeded in proceeding generally and therefore entitled to costs – Whether such costs should be taxed on an indemnity basis – Whether respondents should be denied costs attributable to preparing evidence alleged by applicant to be misleading – Whether respondents should be denied costs attributable to serving notices to produce alleged by applicant to be unreasonable

Legislation: Copyright Act 1968 (Cth ) s 202 Federal Court Rules O 33 r 12, O 15 r 6

Date of hearing: Heard on the papers

Date of last submissions: 2 September 2010

Place: Melbourne