Arico Trading International Pty Ltd v Kimberly-Clark Australia Pty Ltd [1999] FCA 275

Arico Trading International Pty Ltd v Kimberly-Clark Australia Pty Ltd [1999] FCA 275

The Court held it was not appropriate to dissect the trial costs based on issues not determined in the appellants' favour on appeal, as the respondent embarked on litigation to restrain infringement of a patent ultimately found invalid, and the successful opponents are entitled to general costs of litigation.

Parties
First Appellant: Arico Trading International Pty Limited; Second Appellant: Arie Kliger; Third Appellant: Francisco Martin Otero t/as Koala Nappy Express; Respondent: Kimberly-Clark Australia Pty Limited
Jurisdiction
Australia
Judgment Date
20 October 1999
Procedural Posture
Appeal / Application to Vary Costs Order After Appeal Judgment
Outcome
Application to vary costs order refused
Legal Topics
Patents, Costs on Appeal
Intellectual Property Civil Procedure Patents Costs on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Arico Trading International Pty Limited

First Appellant

Arie Kliger

Second Appellant

Francisco Martin Otero t/as Koala Nappy Express

Third Appellant

Kimberly-Clark Australia Pty Limited

Respondent

Procedural Posture

Appeal / Application to Vary Costs Order After Appeal Judgment

Legal Issues

  1. 1 Whether the costs orders made on 30 August 1999 should be varied in respect of trial costs

Ratio Decidendi

The Court held it was not appropriate to dissect the trial costs based on issues not determined in the appellants' favour on appeal, as the respondent embarked on litigation to restrain infringement of a patent ultimately found invalid, and the successful opponents are entitled to general costs of litigation.

Court Disposition

Application to vary costs order refused

Orders

  • The application to vary the costs orders made on 30 August 1999 be refused.
  • The respondent, Kimberley-Clark Australia Pty Limited, pay the costs incurred by the appellants in connection with this application.