Baygol Pty Ltd v Foamex Polystyrene Pty Ltd [2005] FCA 1089

Baygol Pty Ltd v Foamex Polystyrene Pty Ltd [2005] FCA 1089

There were no special or unusual features warranting departure from the ordinary party and party costs order; the proceedings, though unsuccessful, were not baseless or unreasonably conducted, and the Calderbank offer did not merit indemnity costs.

Jurisdiction
Australia
Judgment Date
16 August 2005
Procedural Posture
Costs Application Following Patent Litigation / Post Judgment Costs Determination
Outcome
Application for solicitor and client costs refused; costs awarded to respondent on party and party basis.
Legal Topics
['costs' 'patents' 'joinder of Parties']
['civil Procedure' 'intellectual Property'] ['costs' 'patents' 'joinder of Parties']

Case Brief

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Procedural Posture

Costs Application Following Patent Litigation / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether solicitor and client costs should be awarded to the respondent' 'Whether proceedings disclosed special or unusual features to warrant a special costs order' 'Effect of Calderbank offer on costs determination']

Ratio Decidendi

There were no special or unusual features warranting departure from the ordinary party and party costs order; the proceedings, though unsuccessful, were not baseless or unreasonably conducted, and the Calderbank offer did not merit indemnity costs.

Court Disposition

Application for solicitor and client costs refused; costs awarded to respondent on party and party basis.

Orders

  • ['The application is refused.' 'The applicant is to pay the costs of the respondent of the appeal and this application for indemnity costs on a party and party basis.' 'The matter is stood over for further directions on 16 August 2005 at 9:30 am.']