Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bitzer Australia Pty Ltd v Japp [2014] FCA 1040 Citation: Bitzer Australia Pty Ltd v Japp [2014] FCA 1040
Parties: BITZER AUSTRALIA PTY LTD v ANDREW JAPP, COLDWORKS AUSTRALIA PTY LTD, RUDIGER RUDISCHHAUSER and VIVEK PATIL
File number: NSD 820 of 2013
Judge: KATZMANN J
Date of judgment: 26 September 2014
Catchwords: COSTS – respondents engaged in a common enterprise involving appropriation and use of applicant's confidential information and intellectual property – settlement of proceeding by consent orders applicant largely successful– respondents sought to minimise costs – whether respondents should be liable for only a portion of the applicant's costs – whether third and fourth respondents should be liable for costs only from the time when they were joined as parties – Federal Court of Australia Act 1976 (Cth), s 43(2)
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37N, 37M, 43(2)
Cases cited: Cachia v Hanes (1994) 179 CLR 403 Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52 Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Knight v FP Special Assets Limited (1992) 174 CLR 178 Latoudis v Casey (1990) 170 CLR 534 Lo v Australian Community Pharmacy Authority [2013] FCA 639 Oshlack v Richmond River Council (1998) 193 CLR 72 Probiotec Ltd v University of Melbourne (2008) 166 FCR 30 Shang v Zhang (No 2) [2007] NSWSC 1355 State of Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174 Stumm v Dixon & Co (1889) 22 QBD 529
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