Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd [2016] FCA 37 File number: NSD 2537 of 2013
Judge: PERRAM J
Date of judgment: 4 February 2016
Catchwords: COSTS – application for costs – whether costs orders should be made – whether costs should be awarded as lump sum – whether costs should be made payable forthwith
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(3)(d) Federal Court Rules 2011 (Cth) r 40.13
Cases cited: Ariix LLC v Mahilall (No 2) [2014] FCA 494 Beach Petroleum NL v Johnson (1995) 57 FCR 119 Sony Entertainment (Australia) Limited v Smith (2005) ALR 788
Date of hearing: Heard on the papers
Date of last submissions: 24 December 2015
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: Mr J S Cooke
Solicitor for the Applicant: Banki Haddock Fiora
Counsel for the Respondent: Mr S Balafoutis and Ms F St John
Solicitor for the Respondent: Breene & Breene Solicitors
ORDERS NSD 2537 of 2013
BETWEEN: CLIPSAL AUSTRALIA PTY LTD
First Applicant
SCHNEIDER ELECTRIC (AUSTRALIA) PTY LIMITED
Second Applicant
AND: CLIPSO ELECTRICAL PTY LTD
First Respondent
MAZEN ABDULKADER
Second Respondent
JUDGE: PERRAM J DATE OF ORDER: 4 FEBRUARY 2016
THE COURT ORDERS THAT:
1. The first respondent pay the applicants' costs of and incidental to their claims of infringement of the 133 and 135 patents incurred up until 19 November 2015 on a party-party basis. 2. The respondents pay the applicants' costs thrown away by reason of the amendment on 17 October 2014 of their defence to admit the applicants' reputation alleged in paragraph 6 of the statement of claim filed on 13 December 2013. 3. The costs of the applicants' costs application be costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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