Sharif v Vitruvian Investments Pty Ltd (No 2) [2023] FCA 619

Federal Court of Australia

Sharif v Vitruvian Investments Pty Ltd (No 2) [2023] FCA 619 File numbers: WAD 127 of 2022

Judgment of: COLVIN J

Date of judgment: 9 June 2023

Catchwords: COSTS - application for costs of interlocutory application to be paid forthwith - where an expedited trial has occurred and reserved judgment will soon be delivered - application dismissed - orders made for parties to provide summaries of costs incurred in conduct of the whole proceedings to facilitate making of lump sum orders, if appropriate

Legislation: Corporations Act 2001 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Capic v Ford Motor Company of Australia Limited (Costs Forthwith) [2019] FCA 1065

Division: General Division

Registry: Western Australia

National Practice Area: Intellectual Property

Sub-area: Patents and associated Statutes

Number of paragraphs: 9

Date of hearing: Determined on the papers

Counsel for the Plaintiff: Mr F A Robertson

Solicitor for the Plaintiff: Hall & Wilcox

Counsel for the Defendants: Mr ML Bennett

Solicitor for the Defendants: Bennett

ORDERS WAD 127 of 2022

BETWEEN: AHMAD WALID OBAID SHARIF Plaintiff

AND: VITRUVIAN INVESTMENTS PTY LTD (ACN 630 548 846) First Defendant

JONATHAN CHARLES GREGORY Second Defendant

J & S GREGORY PTY LTD (ACN 163 712 598) Third Defendant VFORMTRAIN PTY LTD (ACN 641 497 323) Fourth Defendant

order made by: COLVIN J DATE OF ORDER: 9 June 2023

THE COURT ORDERS THAT:

1. The application for an order that the costs the subject of the orders made on 4 May 2023 in these proceedings and the related proceedings in WAD 153 of 2022 be paid forthwith is refused. 2. On or before 23 June 2023, the parties do file and serve a statement of the legal costs and disbursements that have been incurred in the conduct of these proceedings and the related proceedings in WAD 153 of 2022 (including costs incurred while the proceedings were being conducted in the Supreme Court of Western Australia) (Proceedings) together with a breakdown of those costs that will assist in assessing their reasonableness. 3. On or before 23 June 2023, the parties do file and serve submissions of no more than 5 pages setting out the quantum of costs that the party would seek on a lump sum basis in the event that the Proceedings were found to be determined favourably to that party and costs were assessed on a lump sum basis, together with any submissions as to whether the costs of the Proceedings should be assessed on a lump sum basis by reference to the statement of legal costs and disbursements provided in accordance with these orders. 4. On or before 23 June 2023, the parties do file and serve any necessary affidavit to verify the statement filed in accordance with order 2 and otherwise to support the quantum of costs sought by the party if the costs of the Proceedings are assessed on a lump sum basis. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.