SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Ltd (No 2) [2016] FCAFC 112

SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Ltd (No 2) [2016] FCAFC 112

Despite SNF's unsuccessful and lengthy application, its conduct did not meet the threshold for indemnity costs. The arguments, while unsuccessful and misplaced by hindsight, were not shown to be hopeless or run in disregard of known facts. Indemnity costs were refused; each party should bear its own costs for the application to vary costs.

Jurisdiction
Australia
Judgment Date
26 August 2016
Procedural Posture
Application for Leave to Appeal and Subsequent Costs Application / Post Judgment: Costs Determination
Outcome
Application for indemnity costs dismissed.
Legal Topics
['costs' 'patents']
['intellectual Property'] ['costs' 'patents']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Subsequent Costs Application / Post Judgment: Costs Determination

Legal Issues

  1. 1 ['Whether the circumstances justified taxation of costs on the indemnity basis']

Ratio Decidendi

Despite SNF's unsuccessful and lengthy application, its conduct did not meet the threshold for indemnity costs. The arguments, while unsuccessful and misplaced by hindsight, were not shown to be hopeless or run in disregard of known facts. Indemnity costs were refused; each party should bear its own costs for the application to vary costs.

Court Disposition

Application for indemnity costs dismissed.

Orders

  • ["The first respondent's application to vary the costs order made on 20 June 2016 be dismissed." "Each party pay its own costs of the first respondent's application to vary the said costs order."]