Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2015] FCA 949 Citation: SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2015] FCA 949
Parties: SNF (AUSTRALIA) PTY LTD v CIBA SPECIALTY CHEMICALS WATER TREATMENTS LIMITED, CIBA (AUSTRALIA) PTY LTD and THE COMMISSIONER OF PATENTS; CIBA SPECIALTY CHEMICALS WATER TREATMENTS LIMITED v SNF (AUSTRALIA) PTY LTD
File number: VID 447 of 2008
Judge: DAVIES J
Date of judgment: 28 August 2015
Catchwords: COSTS – application for award of costs of interlocutory application on an indemnity basis – relevant principles – where allegations of failure to comply with discovery obligations – where finding of failure to act with reasonable diligence made – where certain claims abandoned – where application was factually and legally complex – exercise of discretion
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) r 40.02(a) Patents Act 1990 (Cth) s 19(2)
Cases cited: Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225; [1993] FCA 801 Seven Network Limited v News Limited (2009) 182 FCR 160; [2009] FCAFC 166 Hamod v New South Wales [2002] FCA 424; (2002) 188 ALR 659 Gersten v Minister for Immigration & Multicultural Affairs [2001] FCA 260 Dowling v Fairfax Media Publications Pty Ltd (No. 2) [2010] FCAFC 28 Xat Ky v Australvic Property Management Pty Ltd (No 2) [2007] FCA 1785 Dura-Post (Aust) Pty Ltd v Delnorth Pty Ltd (2009) 177 FCR 239 Colgate-Palmolive Company v Cussons Pty Limited [1993] FCA 536
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