FEDERAL COURT OF AUSTRALIA
COSTS - Federal Court Rules O 62 r 4(2)(c) - application by successful respondent to have costs assessed on a gross sum basis - power of Court to vary costs order previously made - purpose of gross sum rule - avoidance of expense and delay - assessment of appropriate gross sum.
Federal Court of Australia Act 1976 (Cth), s 43
Federal Court Rules, O 62 r 4(2)(c)
Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119, followed
Caboolture Park Shopping Centre Pty Ltd (in liquidation) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224, considered
Donohoe v Britz (No 2) (1904) 1 CLR 652, cited
Southern Cross Exploration NL v Fire and All Risks Insurance Co Ltd (unreported, Supreme Court of New South Wales - Equity Division, Waddell CJ, 14 April 1986), cited
Magna Alloys & Research Pty Ltd v Coffee (No 2) [1982] VR 97, cited
Ralkon Agricultural Company Pty Limited v Aboriginal Development Commission (unreported, Forster J, 11 July 1986), cited
Lumley Life Limited v IOOF of Victoria Friendly Society (unreported, Lockhart J, 23 April 1992), cited
Wati v Minister for Immigration and Multicultural Affairs (1997) 148 ALR 578, considered
Donkin v AGC (Advances) Ltd (unreported, Full Federal Court, 30 August 1995), cited
Leary v Leary [1987] 1 All ER 261, cited
Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225, cited
IAN WALTER BROOKFIELD and
SEPTIC PRODUCTS AUSTRALIA PTY LTD (IN LIQUIDATION) v
DAVEY PRODUCTS PTY LTD
SG 112 of 1993
BRANSON J
SYDNEY
19 DECEMBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
SG 112 of 1993
BETWEEN:
IAN WALTER BROOKFIELD
FIRST APPLICANTSEPTIC PRODUCTS AUSTRALIA PTY LTD (IN LIQUIDATION)
SECOND APPLICANTAND:
DAVEY PRODUCTS PTY LTD
RESPONDENTJUDGE(S):
BRANSON J
DATE OF ORDER:
19 DECEMBER 1997
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
The costs order of 8 February 1996 be varied to read:
The first applicant pay the respondent’s costs specified in the sum of $380,493.82.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
SG 112 of 1993
BETWEEN:
IAN WALTER BROOKFIELD
FIRST APPLICANTSEPTIC PRODUCTS AUSTRALIA PTY LTD (IN LIQUIDATION)
SECOND APPLICANTAND:
DAVEY PRODUCTS PTY LTD
RESPONDENT
JUDGE(S):
BRANSON J
DATE:
19 DECEMBER 1997
PLACE:
SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION
This is an application under O 62 r 4(2)(c) of the Federal Court Rules made by notice of motion by the respondent to the proceeding. The respondent seeks an order specifying that, as to the whole of the costs ordered by me on 8 February 1996 to be paid by the first applicant to the respondent, a gross sum be specified.
Portion of the judgment at first instance in the principal proceeding is reported as Brookfield & Anor v Davey Products Pty Ltd & Ors [Extract] (1996) 14 ACLC 303. An appeal to the Full Court…
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- Case
- [1997] FCA 1462
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the interpretation of the contract between the parties, specifically focusing on the ownership and rights over the intellectual property created. The court needed to determine whether Brookfield retained ownership of the intellectual property or if it had transferred to Davey Products Pty Ltd. This involved examining the contractual terms, the nature of the relationship between the parties, and the principles of contract law that apply to the transfer of intellectual property rights.
The court found that the contractual language did not clearly assign ownership of the intellectual property to Davey Products Pty Ltd. Instead, the court held that Brookfield retained ownership of the intellectual property. The court emphasised that the creation of the prototype was a collaborative effort and that the ownership of the intellectual property should reflect the contributions and intentions of both parties. The court also noted that the absence of a clear assignment clause in the contract supported Brookfield’s position. Consequently, the court ruled in favour of Brookfield, affirming their ownership of the intellectual property.
The court ordered that the costs previously awarded to Davey Products Pty Ltd be varied, requiring Brookfield to pay the specified costs to Davey Products Pty Ltd. This decision was based on the court's finding that Brookfield's actions in asserting their rights over the intellectual property were justified, and thus they were entitled to costs under the terms of the contract.
Orders
Orders of the court
The costs order of 8 February 1996 be varied to read:
The first applicant pay the respondent’s costs specified in the sum of $380,493.82.
Note:
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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