Federal Court of Australia
Federal Court of Australia
Ames Australasia Pty Ltd v AgBoss Australia Pty Ltd (No 2) [2021] FCA 1044 File number(s): VID 628 of 2020
Judgment of: WHEELAHAN J
Date of judgment: 30 August 2021
Catchwords: COSTS – determination of the appropriate order as to costs – where the respondent's interlocutory application for leave to file and serve an amended notice of cross claim and a further amended statement of cross claim was successful – where the applicant opposed the application –where each party seeks its costs of the application – discourteous correspondence – respondent's costs of the application to be costs in the cross claim – respondent to pay applicant's costs thrown away by reason of the amended pleading.
Legislation: Federal Court of Australia Act 1976 (Cth) ss 17(2), 43(2), 43(3) Federal Court Rules 2011 (Cth) rr 1.36, 16.51, 39.11, 40.01
Cases cited: Ames Australasia Pty Ltd v AgBoss Australia Pty Ltd [2021] FCA 902 Media Ocean Limited v Optus Mobile Pty Limited (No 6) [2009] FCA 1319 Porter v Australian Broadcasting Corporation [2021] FCA 863
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 10
Date of last submission/s: 6 August 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Ms N Hickey
Solicitor for the Applicant: Davies Collison Cave Law
Counsel for the Respondent: Mr R Maguire
Solicitor for the Respondent: Harwood Andrews
ORDERS VID 628 of 2020
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