Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hardingham v RP Data Pty Limited (No 3) [2020] FCA 868 File number: NSD 1266 of 2018
Judge: THAWLEY J
Date of judgment: 10 June 2020
Cases cited: Hardingham v RP Data Pty Limited [2019] FCA 2075 Hardingham v RP Data Pty Limited (No 2) [2019] FCA 2138
Date of hearing: 10 June 2020
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Category: No Catchwords
Number of paragraphs: 17
Counsel for the Applicants: Mr R Cobden SC and Mr J Sleight
Solicitor for the Applicants: Neville Hourn and Bourg Legal
Counsel for the Respondent/Cross-Claimant: Mr MD Martin QC
Solicitor for the Respondent/Cross-Claimant: Mills Oakley Lawyers
Counsel for the Cross-Respondent: Mr HPT Bevan
Solicitor for the Cross-Respondent: Corrs Chambers Westgarth
ORDERS NSD 1266 of 2018
BETWEEN: JAMES KELLEND HARDINGHAM First Applicant
REAL ESTATE MARKETING AUSTRALIA Second Applicant
AND: RP DATA PTY LIMITED Respondent
AND BETWEEN: RP DATA PTY LIMITED Cross-Claimant
AND: REALESTATE.COM.AU PTY LTD Cross-Respondent
JUDGE: THAWLEY J DATE OF ORDER: 10 JUNE 2020
THE COURT ORDERS THAT:
1. Order 6 made on 17 December 2019 be varied by extending the time in which the party entitled to costs file and serve any costs summary and submissions in accordance with the Costs Practice Note (GPN-COSTS) to 28 days after the determination or discontinuance of the applicants' appeal and the cross-respondent's cross-appeal (Federal Court of Australia Proceeding No. NSD 114 of 2020), or until further order. 2. Order 7 made on 17 December 2019 be varied by extending the time in which the applicants paying costs file and serve any costs response and submissions in accordance with the Costs Practice Note (GPN-COSTS) to 28 days after the date of filing and service of any costs summary in order 2 above. 3. The applicants' interlocutory application filed 16 April 2020 be dismissed insofar as it seeks orders against the cross-respondent 4. There be no orders as to costs of the applicants' interlocutory application filed 16 April 2020 as between the applicant and the cross-respondent. 5. The respondent pay the applicants' costs of the interlocutory application as between the applicant and the respondent. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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