Encompass Corporation Pty Ltd v Infotrack Pty Ltd (No 3) [2018] FCA 942

Encompass Corporation Pty Ltd v Infotrack Pty Ltd (No 3) [2018] FCA 942

A global costs order should be made in favour of the Respondent, with costs of both the main proceeding and cross-claim, but reduced by 45% to reflect the Applicants' success on the majority of issues and the limited ground of the Respondent's ultimate success.

Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Originating Application and Cross Claim / Post Trial (costs Decision)
Outcome
Applicants to pay Respondent's costs of main proceeding and cross-claim, reduced by 45%. No order as to costs of costs argument.
Legal Topics
['patents' 'costs' 'issue Based Apportionment']
['intellectual Property' 'civil Procedure'] ['patents' 'costs' 'issue Based Apportionment']

Case Brief

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Procedural Posture

Originating Application and Cross Claim / Post Trial (costs Decision)

Legal Issues

  1. 1 ['What is the appropriate reduction in costs payable by the Applicants, given the Respondent only succeeded on one ground of invalidity among multiple grounds raised?' 'Should the cross-claim and main proceeding costs be dealt with globally or separately?' 'Do conduct and procedural matters justify further deviations from the general rule on costs?']

Ratio Decidendi

A global costs order should be made in favour of the Respondent, with costs of both the main proceeding and cross-claim, but reduced by 45% to reflect the Applicants' success on the majority of issues and the limited ground of the Respondent's ultimate success.

Court Disposition

Applicants to pay Respondent's costs of main proceeding and cross-claim, reduced by 45%. No order as to costs of costs argument.

Orders

  • ["The Applicants pay the Respondent's costs of the main proceeding and the proceeding on the cross-claim as taxed or agreed." 'The amount in order 1 be reduced by 45%.' 'No order as to costs in relation to the costs argument.']