Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gold Coast Marine Aquaculture Pty Ltd v HTC Trading Pty Ltd [2020] FCA 684 File number: VID 1659 of 2018
Judge: ANASTASSIOU J
Date of judgment: 20 May 2020
Catchwords: COSTS – application for preliminary discovery substantially successful – whether prospective applicant should receive costs where substantially successful in application – Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (No 2) [2019] FCA 657 considered –each parties' costs to be costs in the cause of substantive proceeding if commenced – if no substantive proceeding commenced, respondents awarded 50% of their costs of and incidental to the application
Legislation: Biosecurity Act 2015 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) r 7.23
Cases cited: Dallas Buyers Club LLC v iiNet Limited (No 3) [2015] FCA 422; 327 ALR 695 Gold Coast Marine Aquaculture Pty Ltd v HTC Trading Pty Ltd [2019] FCA 1995 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCA 285 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCAFC 193; 257 FCR 62 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (No 2) [2019] FCA 657
Dates of hearing: Decided on the papers
Registry: Victoria
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