Vuly Property Pty Ltd v Yang (No 2) [2017] FCA 592

FEDERAL COURT OF AUSTRALIA

Vuly Property Pty Ltd v Yang (No 2) [2017] FCA 592 File number(s): QUD 845 of 2016

Judge(s): GREENWOOD J

Date of judgment: 17 May 2017

Date of publication of reasons: 26 May 2017

Catchwords: PRACTICE AND PROCEDURE – consideration of an application for dismissal of the proceeding – consideration of the question of costs

Legislation: Federal Court of Australia Act 1976 (Cth), ss 37N, 37P

Date of hearing: 17 May 2017

Date of last submissions: 17 May 2017

Registry: Queensland

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Patents and Associated Statutes

Category: Catchwords

Number of paragraphs: 12

Counsel for the Applicant: Mr N Ferrett

Solicitor for the Applicant: Artifex Advisors

Solicitor for the Respondent: Mr K Philp, Bennett Philp Lawyers

ORDERS QUD 845 of 2016

BETWEEN: VULY PROPERTY PTY LTD (ACN 160 793 608) Applicant

AND: WEI YANG Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 17 MAY 2017

THE COURT ORDERS THAT:

1. The proceeding is dismissed. 2. The applicant pay the respondent's costs of the proceeding up to and including 27 January 2017 on a party and party basis to be agreed or taxed. 3. The applicant pay the respondent's costs of the proceeding on and from 28 January 2017 on an indemnity basis. 4. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, the settled reasons for judgment in support of the orders made on 17 May 2017 are published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.