Federal Court of Australia
Federal Court of Australia
Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 11) [2024] FCA 456 File number: NSD 200 of 2019
Judgment of: BESANKO J
Date of judgment: 3 May 2024
Catchwords: COSTS — where question of costs remitted to the trial judge by the Full Court — whether, as a result of the Full Court's decision, existing costs orders should be varied — where appeal was on limited grounds and appeal was allowed — where the respondents made offers in accordance with the principles in Calderbank v Calderbank [1975] 3 ALL ER 333 — where respondents seek that their costs from the date of the offers be paid on an indemnity basis — whether the Calderbank offers sufficiently clear — whether the applicant's rejection of the Calderbank offer unreasonable in the circumstances — whether the result at trial was equal to or better than the offers — consideration of the circumstances in which a costs order may be made against a third party — whether costs should be awarded against litigation funder
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Patents Act 1990 (Cth) s 122
Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No2) [2018] FCAFC 112 Calderbank v Calderbank [1975] 3 ALL ER 333 FPM Constructions Pty Ltd v Council of the City of Blue Mountains (2005) NSWCA 340 Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (No 2) [2018] FCAFC 7 Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27; (2016) 247 FCR 61 Roberts-Smith v Fairfax Media Publications Pty Limited (No 42) [2023] FCA 750 Roberts-Smith v Fairfax Media Publications Pty Limited (No 43) [2023] FCA 886 SARB Management Group Pty Ltd t/a Database Consultants Australia v Vehicle Monitoring Systems Pty Ltd [2024] FCAFC 6 Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd [2020] FCA 408; (2020) 150 IPR 216 Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 8) [2023] FCA 182 Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 9) [2023] FCA 632 Wibowo v Vehicle Monitoring Systems Pty Ltd [2022] FedCFamC2G 23
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