Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Edgetec International Pty Ltd v Zippykerb (NSW) Pty Ltd (No 2) [2012] FCA 354 Citation: Edgetec International Pty Ltd v Zippykerb (NSW) Pty Ltd (No 2) [2012] FCA 354
Parties: EDGETEC INTERNATIONAL PTY LTD ACN 010 728 784 v ZIPPYKERB (NSW) PTY LTD ACN 109 959 337
File number: QUD 55 of 2011
Judge: REEVES J
Date of judgment: 5 April 2012
Catchwords: COSTS – discretion to award indemnity costs under s 43 Federal Court of Australia Act 1976 (Cth) – function of indemnity costs order compensatory not punitive – conduct not so unreasonable as to justify a higher level of compensation – lack of evidence of significant additional costs incurred due to conduct of unsuccessful party
Legislation: Federal Court of Australia Act 1976 (Cth)
Cases cited: Colgate-Palmolive Pty Ltd v Cussons Pty Ltd (1993) 46 FCR 225 Edgetec International Pty Ltd v Zippykerb (NSW) Pty Ltd [2012] FCA 281 Latoudis v Casey (1990) 170 CLR 534 Members of the Yorta Yorta Aboriginal Community v State of Victoria (2002) 214 CLR 422; [2002] HCA 58 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Ruddock v Vardalis (No 2) (2001) 115 FCR 229; [2001] FCA 1865 Sony Computer Entertainment Australia Pty Ltd v Dannoun (No 2) [2001] FCA 1530
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