Datadot Technology Ltd v Alpha Microtech Pty Ltd [2003] FCA 1449

Datadot Technology Ltd v Alpha Microtech Pty Ltd [2003] FCA 1449

In light of the detailed evidence regarding costs and the appropriateness of making a gross sum order based on experience and deduction of non-referable costs, the applicant is entitled to a gross sum of $130,000 for costs, and no reduction under O 62 r 36A(1) applies, having regard to the nature and appropriateness of the proceeding.

Parties
Applicant: Datadot Technology Ltd; Respondent: Alpha Microtech Pty Ltd; Cross Claimant: Alpha Microtech Pty Ltd; Cross Respondent: Datadot Technology Ltd
Jurisdiction
Australia
Judgment Date
05 August 2003
Procedural Posture
Intellectual Property Proceeding With Cross Claim / Post Judgment Costs Determination
Outcome
Costs order in favour of the applicant for a gross sum of $130,000, payable forthwith; matter stood over for further directions.
Legal Topics
Patent Infringement, Innovation Patents, Costs Orders, Federal Court Procedure
Intellectual Property Civil Procedure Patent Infringement Innovation Patents Costs Orders Federal Court Procedure

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Parties

Datadot Technology Ltd

Applicant

Alpha Microtech Pty Ltd

Respondent

Alpha Microtech Pty Ltd

Cross Claimant

Datadot Technology Ltd

Cross Respondent

Procedural Posture

Intellectual Property Proceeding With Cross Claim / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded as a gross sum under O 62 r 4(2)(c) of the Federal Court Rules
  2. 2 Whether any reduction of costs is appropriate under O 62 r 36A(1)

Ratio Decidendi

In light of the detailed evidence regarding costs and the appropriateness of making a gross sum order based on experience and deduction of non-referable costs, the applicant is entitled to a gross sum of $130,000 for costs, and no reduction under O 62 r 36A(1) applies, having regard to the nature and appropriateness of the proceeding.

Court Disposition

Costs order in favour of the applicant for a gross sum of $130,000, payable forthwith; matter stood over for further directions.

Orders

  • The respondent pay, instead of taxed costs, a gross sum of $130,000.00 pursuant to O 62 r 4(2)(c) Federal Court Rules.
  • Costs payable pursuant to Order 1 above be payable forthwith.