Voxson Pty Ltd v Telstra Corporation Limited (No 8) [2017] FCA 1427

Voxson Pty Ltd v Telstra Corporation Limited (No 8) [2017] FCA 1427

Optus is entitled to further security for both past and future costs, calculated on actual solicitor-client costs discounted by 50% for likely party-party recovery, with certain amounts already provided deducted; no delay or prejudice defeating the application was established.

Jurisdiction
Australia
Judgment Date
01 December 2017
Procedural Posture
Civil / Interlocutory Application for Security for Costs
Outcome
Application for further security for costs allowed; quantum determined.
Legal Topics
['security for Costs' 'quantum of Security' 'patent Litigation Procedure']
['practice and Procedure' 'intellectual Property'] ['security for Costs' 'quantum of Security' 'patent Litigation Procedure']

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 ['Whether Optus is entitled to further security for costs and in what amount.' 'Whether past and future costs should be included in security calculation.' 'Whether delay or prejudice precludes entitlement to security for costs.' 'How to discount solicitor-client costs for security calculation.' 'Whether previous security already provided should be accounted for in the calculation.']

Ratio Decidendi

Optus is entitled to further security for both past and future costs, calculated on actual solicitor-client costs discounted by 50% for likely party-party recovery, with certain amounts already provided deducted; no delay or prejudice defeating the application was established.

Court Disposition

Application for further security for costs allowed; quantum determined.

Orders

  • ['Parties to bring in short minutes of order within three business days.' 'Voxson to pay $1,032,500 in respect of past costs within 14 days.' 'Voxson to pay $939,500 for future costs within a further 14 days thereafter.' 'Directions for case management hearings to check compliance with security payment.' 'If...