Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bitech Engineering v Garth Living Pty Ltd [2013] FCA 881 Citation: Bitech Engineering v Garth Living Pty Ltd [2013] FCA 881
Parties: BITECH ENGINEERING v GARTH LIVING PTY LTD (ACN 111 145 432); BITECH ENGINEERING v BUNNINGS GROUP LIMITED (ACN 008 672 179)
File numbers: NSD 1681 of 2006 NSD 43 of 2007
Judge: FOSTER J
Date of judgment: 30 August 2013
Catchwords: DAMAGES – final assessment of damages in favour of the applicant for infringement of its registered patent COSTS – whether indemnity costs should be awarded in favour of an applicant from a date which is 14 days after the applicant made a reasonable Calderbank offer to the respondents and the respondents failed to accept that offer – whether the respondents acted unreasonably and imprudently in failing to accept the applicant's offer
Legislation: Federal Court Rules 2011, Pt 25
Cases cited: Bitech Engineering v Garth Living Pty Ltd [2013] FCA 822 related Calderbank v Calderbank [1976] Fam 93; [1975] 3 All ER 333 cited Specsavers Pty Limited v Luxottica Retail Australia Pty Limited (No 2) [2013] FCA 80 followed
Date of hearing: Decided on the papers
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 42
Counsel for the Applicant: Mr C Dimitriadis and Mr PA Maddigan
Solicitor for the Applicant: DLA Piper Australia
Counsel for the Respondents: Ms JE Rawlings
Solicitor for the Respondents: Eales & Mackenzie Melbourne
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