Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 7) [2020] FCA 206 File number(s): VID 1157 of 2017
Judge(s): ANDERSON J
Date of judgment: 27 February 2020
Catchwords: COSTS – interlocutory applications – where primary judge refused privilege claims – where primary judge's decision was overturned on appeal – where Full Court remitted the matter for re-determination – where Full Court reserved costs of application before primary judge – where privilege claims are re-determined – consideration of appropriate costs order in respect of primary judge's decision and re-determination of privilege claims Held: no order as to costs in respect of primary judge's decision – first and sixth respondents to pay 80% of applicant's costs of and incidental to re-determination of privilege claims
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2)
Cases cited: Australian Mud Company Pty Ltd v Coretell Pty Ltd (No 4) [2013] FCA 567 Bowen v Alsanto Nominees Pty Ltd [2011] WASCA 39 (S) Commissioner of Taxation v AusNet Transmission Group Pty Ltd (No 2) [2015] FCAFC 124 Day v Estate of Adams (deceased) trading as Tattersall Sweep Consultation (unreported, TASSC, Slicer J, 17 March 1997) Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 3) [2019] FCA 285 Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 6) [2020] FCA 64 Dodds Family Investment Pty Ltd (formerly Solar Tint Pty Ltd) v Lane Industries Pty Ltd (1993) 26 IPR 261 Gray v Richards (No 2) [2014] HCA 47; 89 ALJR 113; 315 ALR 1 Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (No 2) [2018] FCAFC 7 Meneses v Directed Electronics OE Pty Ltd (No 2) [2019] FCAFC 200 Meneses v Directed Electronics OE Pty Ltd [2019] FCAFC 90 Moroccanoil Israel Ltd v Aldi Foods Pty Ltd (No 2) [2017] FCA 1393 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Protect Pacific Pty Ltd v Steuler Services GmbH & Co KG [No 2] [2015] VSCA 123 R v Ronen [2004] NSWCCA 67; 62 NSWLR 707 Re Australian Property Custodian Holdings Ltd (in liq) (recs and mgrs apptd) (controllers apptd) (No 2) [2012] VSC 576; 93 ACSR 130 Stewart v Atco Controls Pty Ltd (In liq) (No 2) [2014] HCA 31; 252 CLR 331 Telstra Corporation Limited v Phone Directories Company Pty Ltd (No 3) [2014] FCA 949 Umoona Tjutagku Health Service Aboriginal Corp v Walsh [2019] FCAFC 32
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