Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd (No 2) [2012] FCA 1478 Citation: Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd (No 2) [2012] FCA 1478
Parties: BRADKEN RESOURCES PTY LIMITED (ACN 098 300 988) v LYNX ENGINEERING CONSULTANTS PTY LIMITED (ACN 059 949 469)
File numbers: NSD 439 of 2007 WAD 212 of 2009
Judge: MCKERRACHER J
Date of judgment: 21 December 2012
Catchwords: COSTS – settling of final orders and costs following delivery of substantive reasons – application of principles in exercise of discretion conferred pursuant to s 43(2) of the Federal Court of Australia Act 1976 (Cth) – large scale commercial patent litigation – multiple issues in suit – respondent successful on most but not all major substantive issues – application of a 15% discount of party and party costs
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2)
Cases cited: Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd (2012) 97 IPR 424 Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd (2010) 187 FCR 476 Bradken Resources Pty Ltd (ACN 098 300 988) v Lynx Engineering Consultants Pty Ltd (ACN 059 949 469) (2008) 78 IPR 586 Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151
Date of hearing: Determined on the papers
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