Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd (No 2) [2022] FCA 81

Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd (No 2) [2022] FCA 81

Additional evidence before the Court does not constitute a differentiating circumstance sufficient to deprive the successful appellant of costs for the proceedings before the delegate. The scope of s 88(d) of the Designs Act 2003 (Cth) is broad enough to confer the power to order costs for the delegate proceedings, and such order is justified in this case as the application before the delegate was unmeritorious.

Parties
Appellant: Key Logic Pty Ltd; Respondent: Sun-Wizard Holding Pty Ltd
Jurisdiction
Australia
Judgment Date
08 February 2022
Procedural Posture
Appeal / Post Judgment Costs Determination
Outcome
Orders for costs in favour of appellant for both delegate and court proceedings
Legal Topics
Copyright, Industrial Designs, Costs
Intellectual Property Copyright Industrial Designs Costs

Case Brief

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Parties

Key Logic Pty Ltd

Appellant

Sun-Wizard Holding Pty Ltd

Respondent

Procedural Posture

Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Disposition of costs reserved by prior court orders
  2. 2 Power to order costs for proceedings before a Registrar's delegate
  3. 3 Whether additional evidence before the Court merits variation of costs order

Ratio Decidendi

Additional evidence before the Court does not constitute a differentiating circumstance sufficient to deprive the successful appellant of costs for the proceedings before the delegate. The scope of s 88(d) of the Designs Act 2003 (Cth) is broad enough to confer the power to order costs for the delegate proceedings, and such order is justified in this case as the application before the delegate was unmeritorious.

Court Disposition

Orders for costs in favour of appellant for both delegate and court proceedings

Orders

  • The respondent pay the appellant's costs of the proceeding before the delegate of the Registrar of Designs fixed in an amount of $4,949.54.
  • The respondent pay the appellant's costs of and incidental to the proceeding to be awarded as a lump sum, in a sum to be determined by officers of the Court.