Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Davies v Lazer Safe Pty Ltd (No 2) [2018] FCA 971 File number: WAD 670 of 2015
Judge: MCKERRACHER J
Date of judgment: 28 June 2018
Catchwords: COSTS – costs of patent proceeding – where both the claim for infringement and cross-claim for invalidity were dismissed – appropriate costs order following the judgment as to liability – assessment of the relative success of the parties – Calderbank and other offers made – effect of those offers
Legislation: Federal Court Act 1976 (Cth) s 43
Cases cited: Davies v Lazer Safe Pty Ltd [2018] FCA 702 GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited (No 2) [2018] FCAFC 100 Tramanco Pty Ltd v BPW Transpec Pty Ltd (No 2) [2014] FCAFC 58
Date of hearing: Determined on the papers
Date of last submissions: 22 June 2018 (Applicants) 15 June 2018 (Respondent)
Registry: Western Australia
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 19
Counsel for the Applicants: Mr ADB Fox
Solicitor for the Applicants: DLA Piper Australia
Counsel for the Respondent: Mr GJ Fitzgerald QC
Solicitor for the Respondent: Wrays Lawyers Pty Ltd
ORDERS WAD 670 of 2015
BETWEEN: KEVIN STEPHEN DAVIES First Applicant
TRICLOPS TECHNOLOGIES PTY LTD (ACN 117 350 464) Second Applicant
AND: LAZER SAFE PTY LTD (ACN 090 113 572) Respondent
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