Federal Court of Australia
Federal Court of Australia
Southern Cross Mining Services Pty Ltd v Mickala Mining Maintenance Pty Ltd (No 2) [2020] FCA 1159 File number(s): QUD 470 of 2019
Judgment of: GREENWOOD J
Date of judgment: 11 August 2020
Catchwords: INTELLECTUAL PROPERTY – consideration of the disposition of the costs arising out of the determination of an interlocutory application for leave to amend a statement of cross-claim
Division: General Division
Registry: Queensland
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 12
Date of last submission/s: 3 August 2020
Date of hearing: On the papers
Counsel for the Applicant: Mr D Logan QC
Solicitor for the Applicant: Redchip Lawyers
Counsel for the Respondents: Mr E Heerey QC with Mr B McEniery
Solicitor for the Respondents: Thomson Geer Lawyers
ORDERS QUD 470 of 2019
BETWEEN: SOUTHERN CROSS MINING SERVICES PTY LTD (ACN 107 646 917) Applicant
AND: MICKALA MINING MAINTENANCE PTY LTD (ACN 128 020 342) First Respondent
DAMIEN PAUL ENGLEBRECHT Second Respondent
order made by: GREENWOOD J DATE OF ORDER: 11 AUGUST 2020
THE COURT ORDERS THAT:
1. The costs incurred by Southern Cross Mining Services Pty Ltd of and incidental to the interlocutory application by Mickala Mining Maintenance Pty Ltd ("Mickala") for leave to amend its statement of cross-claim be paid by Mickala and the second respondent, Damien Paul Englebrecht. 2. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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