Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd (No 3)

Futuretronics.com.au Pty Ltd, the applicant, brought an action against Graphix Labels Pty Ltd, the respondent, in the Federal Court of Australia. The applicant alleged that the respondent had breached copyright by reproducing artworks created by the applicant and had also breached an implied term of a contract between the parties. The applicant sought an injunction, damages, and an account of profits, as well as costs. The respondent denied the allegations and counterclaimed for breach of contract and unjust enrichment. The court was required to decide the merits of the applicant's claims and counterclaims, as well as the appropriate orders as to costs.

The court found that the respondent had indeed reproduced the applicant's artworks without permission and that this amounted to an infringement of copyright. However, the court found that the respondent had not breached an implied term of the contract. The court also found that the applicant had not established its claim for unjust enrichment. The court considered the provisions of the Federal Court of Australia Rules relating to costs and determined that the applicant should pay the respondent's costs of the proceeding, subject to certain exceptions. The court also ordered that the applicant pay two-thirds of the respondent's costs of the submissions as to the appropriate orders as to costs. Finally, the court extended the time for filing and serving any notice of appeal from the orders made in this proceeding.

The court ordered that the applicant pay the respondent's costs of the proceeding, subject to certain exceptions, and that the applicant pay two-thirds of the respondent's costs of the submissions as to the appropriate orders as to costs. The court also extended the time for filing and serving any notice of appeal from the orders made in this proceeding. The court's decision provides guidance on the appropriate orders as to costs in cases where one party has partially succeeded on its claims and the other party has partially succeeded on its counterclaims.