Facton Ltd v Erdogan (No 2) [2012] FCA 930

Facton Ltd v Erdogan (No 2) [2012] FCA 930

Because the infringing conduct could be taken to have commenced on 1 August 2011, interest up to judgment was payable on the general damages of $18,662.50 under s 51A, but not on additional damages. Under s 52 there was no prohibition on interest from judgment on additional damages, so interest from 20 August 2012 was payable on the total damages of $35,662.50. Although costs were awarded on a gross sum basis and no certificate of taxation would issue, the costs order was an order of the Court and interest was payable on those costs in accordance with rule 39.06 from service of the order.

Jurisdiction
Australia
Judgment Date
29 August 2012
Procedural Posture
Copyright Proceeding Concerning Damages and Costs / Determination of Interest After Default Judgment
Outcome
Interest ordered on general damages before judgment, on total damages from judgment, and on costs from service of the costs order.
Legal Topics
['interest on Damages Up to Judgment' 'interest on Judgment Debt' 'interest on Costs Awarded on a Gross Sum Basis' 'additional Damages Under the Copyright Act 1968 (cth)']
['copyright' 'federal Court Procedure' 'costs' 'interest on Judgments'] ['interest on Damages Up to Judgment' 'interest on Judgment Debt' 'interest on Costs Awarded on a Gross Sum Basis' 'additional Damages Under the Copyright Act 1968 (cth)']

Case Brief

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Procedural Posture

Copyright Proceeding Concerning Damages and Costs / Determination of Interest After Default Judgment

Legal Issues

  1. 1 ['Whether interest up to judgment should be awarded on general damages and from what date.' 'Whether interest from judgment should be awarded on both general and additional damages.' 'Whether interest should be awarded on costs ordered on a gross sum basis.']

Ratio Decidendi

Because the infringing conduct could be taken to have commenced on 1 August 2011, interest up to judgment was payable on the general damages of $18,662.50 under s 51A, but not on additional damages. Under s 52 there was no prohibition on interest from judgment on additional damages, so interest from 20 August 2012 was payable on the total damages of $35,662.50. Although costs were awarded on a gross sum basis and no certificate of taxation would issue, the costs order was an order of the Court and interest was payable on those costs in accordance with rule 39.06 from service of the order.

Court Disposition

Interest ordered on general damages before judgment, on total damages from judgment, and on costs from service of the costs order.

Orders

  • ['The respondent pay interest in accordance with rule 39.06 of the Federal Court Rules from 1 August 2011 up to 20 August 2012, on the general damages awarded of $18,662.50.' 'The respondent pay interest in accordance with rule 39.06 from 20 August 2012 on the general and additional damages awarded of $35,662.50.'...