Encompass Corporation Pty Ltd v Infotrack Pty Ltd (No 3) [2018] FCA 942

FEDERAL COURT OF AUSTRALIA

Encompass Corporation Pty Ltd v Infotrack Pty Ltd (No 3) [2018] FCA 942 File number: NSD 1689 of 2015

Judge: PERRAM J

Date of judgment: 22 June 2018

Catchwords: COSTS – consideration of appropriate reduction in successful party's costs – where Respondent succeeded on invalidity of patents – where Respondent raised multiple grounds of invalidity but succeeded only on one ground

Legislation: Federal Court Rules 2011 (Cth) r 25.01

Cases cited: Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27; 247 FCR 61 Ruddock v Vadarlis (No 2) [2001] FCA 1865; 115 FCR 229

Date of hearing: 26 April 2018

Registry: New South Wales

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Patents and associated Statutes

Category: Catchwords

Number of paragraphs: 25

Counsel for the Applicants: Mr A R Lang

Solicitor for the Applicants: Gilbert + Tobin

Counsel for the Respondent: Mr D K Catterns QC with Mr B A Mee

Solicitor for the Respondent: Shelston IP Lawyers

ORDERS NSD 1689 of 2015

BETWEEN: ENCOMPASS CORPORATION PTY LTD ACN 140 556 896 First Applicant

SAI GLOBAL PROPERTY DIVISION PTY LTD ACN 089 872 286 Second Applicant

AND: INFOTRACK PTY LTD ACN 092 724 251 Respondent

JUDGE: PERRAM J DATE OF ORDER: 22 JUNE 2018

THE COURT ORDERS THAT:

1. The Applicants pay the Respondent's costs of the main proceeding and the proceeding on the cross-claim as taxed or agreed. 2. The amount in order 1 be reduced by 45%. 3. No order as to costs in relation to the costs argument. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.