Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dincel Construction System Pty Limited v AFS Systems Pty Ltd (No 3) [2017] FCA 919 File number: NSD 169 of 2017
Judge: NICHOLAS J
Date of judgment: 11 August 2017
Catchwords: COSTS – costs of patent proceeding – where both application and cross-claim dismissed – where costs of prior interlocutory hearing were made applicant's costs in the proceeding – where affidavit evidence relied upon by respondent on the issue of infringement at interlocutory was also relied upon at final hearing – appropriate costs order following final hearing
Cases cited: Dincel Construction System Pty Limited v AFS Systems Pty Ltd [2017] FCA 262 Dincel Construction System Pty Limited v AFS Systems Pty Ltd (No 2) [2017] FCA 791 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 Roadshow Films Pty Ltd v iiNet Ltd (No 2) (2011) 91 IPR 482 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Tramanco Pty Ltd v BPW Transpec Pty Ltd (No 2) [2014] FCAFC 58
Date of hearing: Determined on the papers
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
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