ICI Chemicals & Polymers Ltd v Lubrizol Corporation Inc [2000] FCA 1569

ICI Chemicals & Polymers Ltd v Lubrizol Corporation Inc [2000] FCA 1569

Justice is served by ordering the appellants to pay Lubrizol's costs of the proceedings up to and including 5 November 1999, except for the costs of the amendment application, given the complexity and the relative success of each party on the relevant issues.

Jurisdiction
Australia
Judgment Date
03 November 2000
Procedural Posture
Appeal / Final Orders on Costs After Substantive Judgment
Outcome
Costs orders varied; each appellant to pay Lubrizol's costs up to and including 5 November 1999, other than costs of the amendment application. Each party to pay its own costs of the amendment application.
Legal Topics
['costs' 'amendment of Patent Claims' 'infringement' 'patent Validity']
['intellectual Property' 'patents' 'civil Procedure'] ['costs' 'amendment of Patent Claims' 'infringement' 'patent Validity']

Case Brief

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Procedural Posture

Appeal / Final Orders on Costs After Substantive Judgment

Legal Issues

  1. 1 ['Appropriate allocation of costs following judgment on patent validity and amendment' "Whether the primary judge's costs orders should be varied due to success or conduct on various issues"]

Ratio Decidendi

Justice is served by ordering the appellants to pay Lubrizol's costs of the proceedings up to and including 5 November 1999, except for the costs of the amendment application, given the complexity and the relative success of each party on the relevant issues.

Court Disposition

Costs orders varied; each appellant to pay Lubrizol's costs up to and including 5 November 1999, other than costs of the amendment application. Each party to pay its own costs of the amendment application.

Orders

  • ["The Applicant is to pay the Respondent's costs of the proceedings up to and including 5 November 1999 other than its costs of the application for amendment (N 1384 of 1999)." "The Respondents/Cross-Claimants are to pay the Applicant's/Cross-Respondent's costs of the proceedings up to and including 5 November 1999...