Calix Limited v Grenof Pty Ltd (No 2) [2023] FCA 832

Federal Court of Australia

Calix Limited v Grenof Pty Ltd (No 2) [2023] FCA 832 File number: NSD 852 of 2021

Judgment of: NICHOLAS J

Date of judgment: 27 July 2023

Catchwords: COSTS – whether first respondent should be awarded costs on an indemnity basis – offer of compromise – rule 25.14(2) Federal Court Rules 2011 (Cth) – whether applicant's failure to accept an offer of compromise was unreasonable in the circumstances

Legislation: Federal Court of Australia Act 1976 (Cth) ss 40(3), 43 Federal Court Rules 2011 (Cth) rr 25.14(2), 25.14(3), 40.03

Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112

Division: General Division

Registry: New South Wales

National Practice Area: Intellectual Property

Sub-area: Patents and associated Statutes

Number of paragraphs: 29

Date of hearing: Determined on the papers

Counsel for the Applicant: Mr M Green SC with Ms B Oliak and Mr J Elks

Solicitor for the Applicant: Alder IP Pty Ltd

Counsel for the Respondents: Mr C Dimitriadis SC with Mr B Gardiner KC

Solicitor for the Respondents: Thomson Geer Lawyers

ORDERS NSD 852 of 2021

BETWEEN: CALIX LIMITED ACN 117 372 540 Applicant

AND: GRENOF PTY LTD ACN 166 936 894 First Respondent

AQUADEX PTY LTD (ACN 102 261 727) Second Respondent

AND BETWEEN: GRENOF PTY LTD ACN 166 936 894 Cross-Claimant

AND: CALIX LIMITED ACN 117 372 540 Cross-Respondent

order made by: NICHOLAS J DATE OF ORDER: 27 July 2023

THE COURT ORDERS THAT: 1. The costs payable by the applicant pursuant to order 5 made on 28 April 2023 be assessed as follows: (a) in respect of the first respondent, on a party and party basis up until 11am on 9 September 2022 and on an indemnity basis thereafter; and (b) in respect of the second respondent, on a party and party basis. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.