Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd (No 2) [2022] FCA 81

Federal Court of Australia

Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd (No 2) [2022] FCA 81 File number(s): QUD 607 of 2017

Judgment of: GREENWOOD J

Date of judgment: 8 February 2022

Catchwords: INTELLECTUAL PROPERTY – consideration of the disposition of the costs reserved for determination by the orders made in Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd [2021] FCA 208

Legislation: Designs Act 2003 (Cth), ss 68(6), 88 Federal Court of Australia Act 1976 (Cth), s 43

Cases cited: Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd [2021] FCA 208 UCP Gen Pharma AG v Mesoblast, Inc (No 2) [2012] FCA 500 UCP Gen Pharma AG v Mesoblast, Inc [2012] FCA 210

Division: General Division

Registry: Queensland

National Practice Area: Intellectual Property

Sub-area: Copyright and Industrial Designs

Number of paragraphs: 18

Date of last submission/s: 26 March 2021

Date of hearing: Heard on the papers

Solicitor for the Appellant: Bennett & Philp Lawyers

Solicitor for the Respondent: Synkronos Legal

ORDERS QUD 607 of 2017

BETWEEN: KEY LOGIC PTY LTD (ACN 099 244 078) Appellant

AND: SUN-WIZARD HOLDING PTY LTD (ACN 600 193 413) Respondent

order made by: GREENWOOD J DATE OF ORDER: 8 FEBRUARY 2022

THE COURT ORDERS THAT:

1. The respondent pay the appellant's costs of the proceeding before the delegate of the Registrar of Designs fixed in an amount of $4,949.54. 2. The respondent pay the appellant's costs of and incidental to the proceeding to be awarded as a lump sum, in a sum to be determined by officers of the Court (either a National Judicial Registrar and District Registrar or a Deputy District Registrar), rather than undertaking a taxation of costs, as the appointed Court officer determines. 3. The parties submit, within seven days, a proposed timetable by which the appellant is to file and serve an affidavit in the form of a costs summary (as contemplated by paragraphs 4.10, 4.11 and 4.12 of the Costs Practice Note); by which the respondent is to file and serve an affidavit in the form of a costs response for the purposes of 4.13 and 4.14 of the Costs Practice Note; and by which the parties are to file and serve submissions in accordance with paragraph 4.15 of the Costs Practice Note. 4. 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.