Futuretronics.com.au Pty Limited v Graphix Labels Pty Ltd (No 3) [2008] FCA 896

Futuretronics.com.au Pty Limited v Graphix Labels Pty Ltd (No 3) [2008] FCA 896

The applicant was unsuccessful on its main claim and most other claims, while the respondents were largely successful, but the applicant's successful infringement of copyright claim concerning the artworks and breach of implied term claim concerning the artworks were sufficiently separate and distinct to justify a separate costs order in the applicant's favour. The one-third reduction under O 62 r 36A(1) should not apply because copyright litigation was appropriately brought in the Federal Court. Neither party established circumstances warranting indemnity costs. The respondents were otherwise entitled to their costs, and the applicant should pay two-thirds of the respondents' costs of...

Jurisdiction
Australia
Judgment Date
12 June 2008
Procedural Posture
Federal Court Proceeding Concerning Costs After Liability and Quantum Issues in Copyright Infringement and Breach of Implied Term Claims / Reasons for Orders as to Costs
Outcome
Separate costs orders made; indemnity costs refused; O 62 r 36A(1) reduction disapplied for the applicant's successful copyright and implied term costs; extension of time for any notice of appeal granted.
Legal Topics
['separate Costs Orders' 'party and Party Costs' 'indemnity Costs' 'federal Court Rules O 62 R 36 a One Third Reduction' 'copyright Infringement' 'breach of Implied Term']
['costs' 'copyright' 'contract'] ['separate Costs Orders' 'party and Party Costs' 'indemnity Costs' 'federal Court Rules O 62 R 36 a One Third Reduction' 'copyright Infringement' 'breach of Implied Term']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Federal Court Proceeding Concerning Costs After Liability and Quantum Issues in Copyright Infringement and Breach of Implied Term Claims / Reasons for Orders as to Costs

Legal Issues

  1. 1 ['Whether one overall costs order should be made or separate costs orders should be made reflecting success on distinct issues.' "Whether the one-third reduction under O 62 r 36A of the Federal Court Rules should apply to the applicant's costs of its successful copyright and implied term claims." "Whether the applicant's costs of the successful copyright and implied term claims should be assessed on an indemnity basis." "Whether the respondents' costs of the balance of the proceeding should be assessed on an indemnity basis." 'What order should be made for the costs of submissions as to costs.']

Ratio Decidendi

The applicant was unsuccessful on its main claim and most other claims, while the respondents were largely successful, but the applicant's successful infringement of copyright claim concerning the artworks and breach of implied term claim concerning the artworks were sufficiently separate and distinct to justify a separate costs order in the applicant's favour. The one-third reduction under O 62 r 36A(1) should not apply because copyright litigation was appropriately brought in the Federal Court. Neither party established circumstances warranting indemnity costs. The respondents were otherwise entitled to their costs, and the applicant should pay two-thirds of the respondents' costs of...

Court Disposition

Separate costs orders made; indemnity costs refused; O 62 r 36A(1) reduction disapplied for the applicant's successful copyright and implied term costs; extension of time for any notice of appeal granted.

Orders

  • ["Subject to orders 2 and 3 below, the applicant pay the respondents' costs of the proceeding." "The respondents pay the applicant's costs of the infringement of copyright claim in relation to the artworks and the breach of implied term claim in relation to the artworks and the provisions of O 62 r 36A(1) do not...