Unilin Beeher BV v Huili Building Materials Pty Ltd (No 3) [2008] FCA 488

Unilin Beeher BV v Huili Building Materials Pty Ltd (No 3) [2008] FCA 488

Because prior orders made the first to fourth respondents responsible to indemnify Gremos Holdings for the consequences of Gremos Holdings' patent infringement liability, and because the unpaid stock debt and Gremos Holdings' indemnity claims arose from the same transaction, the proven amount owed to Gremos Holdings of $189,845.31 was to be set off against $143,617.53 owed by Gremos Holdings, leaving $46,227.78 payable to Gremos Holdings.

Jurisdiction
Australia
Judgment Date
11 April 2008
Procedural Posture
Patent Infringement and Trade Practices Act Cross Claim Proceedings / Reasons and Orders on Motions Concerning Accounting, Indemnity and Set Off Following Earlier Liability and Monetary Relief Determinations
Outcome
The Court ordered a net payment in favour of the fifth respondent, Gremos Holdings Pty Ltd, and made a costs order in its favour against the first and fourth respondents.
Legal Topics
['patent Infringement Damages' 'indemnity' 'cross Claim' 'set Off' 'equitable Estoppel' 's 52 Trade Practices Act 1974 (cth)' 'costs']
['intellectual Property' 'patent Law' 'trade Practices' 'civil Procedure' 'equity'] ['patent Infringement Damages' 'indemnity' 'cross Claim' 'set Off' 'equitable Estoppel' 's 52 Trade Practices Act 1974 (cth)' 'costs']

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Procedural Posture

Patent Infringement and Trade Practices Act Cross Claim Proceedings / Reasons and Orders on Motions Concerning Accounting, Indemnity and Set Off Following Earlier Liability and Monetary Relief Determinations

Legal Issues

  1. 1 ['Whether the first, second, third and fourth respondents were liable to indemnify Gremos Holdings Pty Ltd for sums it paid or incurred as a consequence of the patent infringement proceedings.' 'Whether the amount owing by Gremos Holdings Pty Ltd for unpaid stock should be set off against the sums owed to it by the Huili parties.' 'What net monetary order and costs order should be made.']

Ratio Decidendi

Because prior orders made the first to fourth respondents responsible to indemnify Gremos Holdings for the consequences of Gremos Holdings' patent infringement liability, and because the unpaid stock debt and Gremos Holdings' indemnity claims arose from the same transaction, the proven amount owed to Gremos Holdings of $189,845.31 was to be set off against $143,617.53 owed by Gremos Holdings, leaving $46,227.78 payable to Gremos Holdings.

Court Disposition

The Court ordered a net payment in favour of the fifth respondent, Gremos Holdings Pty Ltd, and made a costs order in its favour against the first and fourth respondents.

Orders

  • ['The first, second, third and fourth respondents pay the fifth respondent the sum of $46,227.78, being the sum of $189,845.31 owed to the fifth respondent pursuant to the orders of 29 November 2007, less the sum of $143,617.53 owed by the fifth respondent to the first, second, third and fourth respondent dated 26...