Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
GM Global Technology Operations LLC v S.S.S. Auto Parts Pty Ltd (No 2) (Costs) [2019] FCA 1813 File number: VID 394 of 2015
Judge: BURLEY J
Date of judgment: 6 November 2019
Catchwords: COSTS – exercise of discretion – whether costs should be split between claim and cross-claim – costs of claim and cross-claim to be determined separately – applicant awarded 20% of its costs of the claim – cross-claimants awarded 30% of their costs of the cross-claim
Legislation: Copyright Act 1968 (Cth) s 202 Designs Act 2003 (Cth) ss 71 – 72, 77 Federal Court Rules 2011 (Cth) rr 40.02(b), 40.08
Cases cited: ACN 074 971 109 (as Trustee for the Argot Unit Trust) v National Mutual Life Association of Australasia Ltd (No 2) [2013] VSCA 241; 41 VR 476 Eat Media Pty Ltd v Mulready Media Pty Ltd [2009] FCA 1058 GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited (No 2) [2018] FCAFC 100 GM Global Technology Operations LLC v S.S.S. Auto Parts Pty Ltd [2019] FCA 97; 371 ALR 1 Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27; 247 FCR 61 Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd (No 2) [2017] FCAFC 158 Shahid v Australasian College of Dermatologists (No 2) [2008] FCAFC 98
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