Insight SRC IP Holdings Pty Ltd v The Australian Council for Educational Research Limited (No 2) [2012] FCA 1063

FEDERAL COURT OF AUSTRALIA

Insight SRC IP Holdings Pty Ltd v The Australian Council for Educational Research Limited (No 2) [2012] FCA 1063 Citation: Insight SRC IP Holdings Pty Ltd v The Australian Council for Educational Research Limited (No 2) [2012] FCA 1063

Parties: INSIGHT SRC IP HOLDINGS PTY LTD (ACN 136 861 884) and INSIGHT SRC PTY LTD ACN 080 602 380 v THE AUSTRALIAN COUNCIL FOR EDUCATIONAL RESEARCH LIMITED

File number: VID 410 of 2011

Judge: BESANKO J

Date of judgment: 27 September 2012

Catchwords: PRACTICE AND PROCEDURE – Costs – where notice of offer to compromise served on applicants by respondent pursuant to Part 25 of the Federal Court Rules 2011 prior to trial – where offer rejected by applicants who made counter-offer – where applicants successful in part at trial – whether trial outcome less favourable to applicants than respondent's offer to compromise – whether applicants' rejection of offer imprudent or unreasonable – whether appropriate to award indemnity costs against applicants after the date of the respondent's offer to compromise – whether applicants entitled to indemnity costs due to respondent's conduct of proceeding – setoff of judgment sum against costs orders – Federal Court of Australia Act 1976 (Cth) s 43, Federal Court Rules 2011, Rules 25.14, 40.02. Held: The respondent is to pay the applicants' costs on a party and party basis prior to the date of the notice of offer to compromise; the applicants are to pay the respondent's costs of the proceeding on an indemnity basis after this time. PRACTICE AND PROCEDURE – Final orders to be made – where infringement of copyright by respondent established – whether appropriate to grant injunctive relief – whether declaratory relief sufficient. Held: Declarations as to copyright ownership should be made in favour of the applicants.