Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mizzi Family Holdings Pty Ltd v Morellini (No 2) [2014] FCA 807 Citation: Mizzi Family Holdings Pty Ltd v Morellini (No 2) [2014] FCA 807
Parties: MIZZI FAMILY HOLDINGS PTY LTD (ACN 132 033 615) v DARYL MARK MORELLINI; DARYL MARK MORELLINI; MIZZI FAMILY HOLDINGS PTY LTD (ACN 132 033 615) and PAUL LAURENCE MIZZI
File number: QUD 112 of 2011
Judge: DOWSETT J
Date of judgment: 1 August 2014
Catchwords: PRACTICE AND PROCEDURE – Costs – Where applicant wholly unsuccessful – Where cross-claimant only partly successful – Determination of appropriate order – Discussion of interim costs order. INTELLECTUAL PROPERTY – Patents – Unjustifiable threats – Where infringement claim failed – Where cross-claim alleging invalidity failed but unjustified threats cross-claim successful – Whether declaration of unjustified threats ought be made.
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 1979 O 62 r 4 Federal Court Rules 2011 rr 1.34, 1.35, 40.2, 40.28
Cases cited: Keller v LED Technologies Pty Ltd (No 2) [2010] FCAFC 160 cited Mars UK Ltd v Teknowledge Ltd [2000] FSR 138 cited
Date of hearing: Heard on the Papers
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