Guttershield v LBI Holdings (No 2) [2009] NSWSC 1409

Guttershield v LBI Holdings (No 2) [2009] NSWSC 1409

The plaintiffs in substance succeeded in their claim to a proprietary interest in the five patents under the Alliance Agreement, though some relief sought was not obtained and partial success was achieved by the defendants. The Court moderated costs in favour of the plaintiffs, ordering defendants to pay 95% of plaintiffs’ costs, subject to specific exceptions, finding that offers of compromise did not trigger special costs consequences and that plaintiffs’ failure to perform undertakings at this point did not detract from overall success.

Jurisdiction
Australia
Judgment Date
14 December 2009
Procedural Posture
Equity Proceeding / Costs Determination Following Principal Judgment and Reference
Outcome
Plaintiffs to pay costs of defendants of the hearing before Campbell JA on 27 August 2004; defendants to pay 95% of plaintiffs’ costs of the proceedings including reserved costs and costs of reference; no interim award of costs.
Legal Topics
['costs' 'patents' 'constructive Trust' 'alliance Agreement' 'calderbank Offers']
['equity' 'intellectual Property'] ['costs' 'patents' 'constructive Trust' 'alliance Agreement' 'calderbank Offers']

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Procedural Posture

Equity Proceeding / Costs Determination Following Principal Judgment and Reference

Legal Issues

  1. 1 ['Entitlement to costs following judgment in principal proceedings and reference' 'Effect of offers of compromise on costs determination' 'Consequences of partial success and failure in obtaining relief' 'Application of equitable maxim: he who seeks equity must do equity']

Ratio Decidendi

The plaintiffs in substance succeeded in their claim to a proprietary interest in the five patents under the Alliance Agreement, though some relief sought was not obtained and partial success was achieved by the defendants. The Court moderated costs in favour of the plaintiffs, ordering defendants to pay 95% of plaintiffs’ costs, subject to specific exceptions, finding that offers of compromise did not trigger special costs consequences and that plaintiffs’ failure to perform undertakings at this point did not detract from overall success.

Court Disposition

Plaintiffs to pay costs of defendants of the hearing before Campbell JA on 27 August 2004; defendants to pay 95% of plaintiffs’ costs of the proceedings including reserved costs and costs of reference; no interim award of costs.

Orders

  • ['Plaintiffs pay the costs of the defendants of the hearing before Campbell JA of 27 August 2004.' 'Subject to specific orders concerning costs made today or previously, defendants pay 95% of plaintiffs’ costs of the proceedings, including reserved costs and the costs of the reference to the Associate Justice.' "No...