FEDERAL COURT OF AUSTRALIA Mizzi Family Holdings Pty Ltd v Morellini (No 4) [2017] FCA 1021 File number: QUD 112 of 2011 Judge: DOWSETT J Date of judgment: 30 August 2017 Catchwords: PATENTS - costs - where cross-claimant failed to establish any loss attributable to allegedly unjustifiable threats - where that problem should have been identified by the cross-claimant or his legal advisers Date of hearing: 12 August 2016 Date of last submissions: 15 August 2017 Registry: Queensland Division: General Division National Practice Area: Intellectual Property Sub-area: Patents and associated Statutes Category: Catchwords Number of paragraphs: 2 Counsel for the Applicant/First and Second Cross Respondents: Mr D Campbell QC Solicitor for the Applicant/First and Second Cross Respondents: Boulton Cleary & Kern Counsel for the Respondent/Cross-Claimant: Mr A Ryan QC Solicitor for the Respondent/Cross-Claimant: Griffith Hack ORDERS QUD 112 of 2011 BETWEEN: MIZZI FAMILY HOLDINGS PTY LTD ACN 132 033 615 Applicant AND: DARYL MARK MORELLINI Respondent AND BETWEEN: DARYL MARK MORELLINI Cross-Claimant AND: MIZZI FAMILY HOLDINGS PTY LTD ACN 132 033 615 (and another named in the Schedule) First Cross-Respondent JUDGE: DOWSETT J DATE OF ORDER: 30 august 2017 THE COURT ORDERS THAT: 1. the cross-claimant pay the first and second cross-respondents' costs of and incidental to the issue of unjustified threats. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. REASONS FOR JUDGMENT DOWSETT J: 1 I am presently considering applications for costs orders in connection with the hearing and determination of one issue in this case. The issue is the cross-claim by the cross-claimant against the first and second cross-respondents for damages allegedly sustained as the result of unjustified threats. 2 I have dismissed that claim on the ground that the cross-claimant failed to establish any loss attributable to the threats. In my view this problem should have been identified by his legal advisers, if not by him. In those circumstances, I order the cross-claimant to pay the first and second cross-respondents' costs of and incidental to that issue. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. Associate: Dated: 30 August 2017 SCHEDULE OF PARTIES QUD 112 of 2011 Cross-Respondents Second Cross-Respondent PAUL LAURENCE MIZZI