Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BLH Engineering and Construction Pty Ltd v Pro 3 Products Pty Ltd (No 2) [2015] FCA 1021 Citation: BLH Engineering and Construction Pty Ltd v Pro 3 Products Pty Ltd (No 2) [2015] FCA 1021
Parties: BLH ENGINEERING AND CONSTRUCTION PTY LTD ACN 133 867 875 and BLH SAFETY SOLUTIONS PTY LTD ACN 152 247 792 v PRO 3 PRODUCTS PTY LTD ACN 147 825 885
File number: VID 294 of 2012
Judge: JESSUP J
Date of judgment: 15 September 2015
Catchwords: COSTS – Letter before action – Whether a Calderbank offer – Offer of compromise containing proposal that there be no order as to costs – Whether applicant obtained judgment more favourable than terms of offer – Effect of presumptive entitlement to costs yet to be taxed
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, ss 18, 29(1)(b), (m), 246(2)(d) of the Australian Consumer Law Federal Court Rules 2011 (Cth) rr 25.14(3), 40.12, 40.20(3), 40.20(4), 40.23(5), 40.27(6) Patents Act 1990 (Cth) ss 19, 128, 129A(3)
Cases cited: Calderbank v Calderbank [1976] Fam 93
Date of hearing: 21 August 2015
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 20
Counsel for the Applicants: H Rofe QC with C Cunliffe
Solicitor for the Applicants: Stephens Lawyers & Consultants
Counsel for the Respondent: C Golvan QC with T Cordiner
Solicitor for the Respondent: Thomson Geer
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 294 of 2012
BETWEEN: BLH ENGINEERING AND CONSTRUCTION PTY LTD ACN 133 867 875
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