NSL Engineering Pte Ltd v Australian Mobile Mining Equipment Systems and Accessories Pty Limited (No 2) [2016] FCA 1187

NSL Engineering Pte Ltd v Australian Mobile Mining Equipment Systems and Accessories Pty Limited (No 2) [2016] FCA 1187

The applicant is entitled to its costs against the first respondent except for costs incurred solely in quantification of damages or in the case against the second respondent. The second respondent is entitled to costs limited to those incurred identifiably separately in defending the claim against him.

Parties
Applicant / Cross Respondent: NSL Engineering Pte Ltd; First Respondent / Cross Claimant: Australian Mobile Mining Equipment Systems and Accessories Pty Limited (ACN 050 966 393); Second Respondent: Murray Bridle
Jurisdiction
Australia
Judgment Date
07 October 2016
Procedural Posture
Intellectual Property Dispute (patents) With Cross Claim / Post Liability, Costs and Final Orders
Outcome
Application dismissed (save as previously dealt with); selected prior orders vacated; costs awarded as specified.
Legal Topics
Patent Infringement, Unjustified Threats, Damages Quantification, Costs
Intellectual Property Patents Patent Infringement Unjustified Threats Damages Quantification Costs

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Parties

NSL Engineering Pte Ltd

Applicant / Cross Respondent

Australian Mobile Mining Equipment Systems and Accessories Pty Limited (ACN 050 966 393)

First Respondent / Cross Claimant

Murray Bridle

Second Respondent

Procedural Posture

Intellectual Property Dispute (patents) With Cross Claim / Post Liability, Costs and Final Orders

Legal Issues

  1. 1 Entitlement to costs given partial success
  2. 2 Effect of vacating orders related to damages
  3. 3 Appropriate allocation of costs where separate claims and parties exist

Ratio Decidendi

The applicant is entitled to its costs against the first respondent except for costs incurred solely in quantification of damages or in the case against the second respondent. The second respondent is entitled to costs limited to those incurred identifiably separately in defending the claim against him.

Court Disposition

Application dismissed (save as previously dealt with); selected prior orders vacated; costs awarded as specified.

Orders

  • Orders 6, 7, 8, 9 and 10 made on 17 June 2016 be vacated.
  • Save as dealt with in previous orders made by the court, the Application be dismissed.