Rakman International Pty Limited v Boss Fire & Safety Pty Ltd (No 3) [2024] FCA 914

A discount of 20% should be applied to Boss's party and party costs to reflect issues it abandoned or failed on, but no greater discount is warranted given the overall complexity and Trafalgar's conduct.

Jurisdiction: Australia
Judgment Date: 14 August 2024
Procedural Posture: Civil / Post Trial; Remitted Issue of Costs After Full Court Appeal
Outcome: Costs order; party and party costs awarded to Boss, discounted by 20%.
Legal Topics: ['patents' 'costs Discount' 'infringement' 'claim Validity' 'misleading or Deceptive Conduct']

['intellectual Property' 'costs'] ['patents' 'costs Discount' 'infringement' 'claim Validity' 'misleading or Deceptive Conduct']

Case Brief

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

Procedural Posture

Civil / Post Trial; Remitted Issue of Costs After Full Court Appeal

Legal Issues

1 ["What discount, if any, should be applied to the respondents'/cross-claimant's party and party costs for abandoned or unsuccessful issues" "Appropriateness of costs order given the parties' conduct, success, and complexity of factual issues"]

Ratio Decidendi

Court Disposition

Costs order; party and party costs awarded to Boss, discounted by 20%.

Orders

["The respondents'/cross-claimant's party and party costs of the proceeding be discounted by 20%."]