Ginos Engineers Pty Ltd v Autodesk Australia Pty Ltd

Ginos Engineers Pty Ltd appealed against a costs order made by the Federal Magistrate in favour of Autodesk Australia Pty Ltd. The appeal was heard by a single judge of the Federal Court, who dismissed the appeal and ordered the appellant to pay the respondent’s costs of the appeal. The appellant, Ginos Engineers, had made unauthorised use of Autodesk’s software, infringing its copyright. Autodesk Inc, a member of an international family of companies, and its local representative, Autodesk Australia, had engaged in correspondence and negotiations with Ginos regarding the infringement. These did not result in a satisfactory conclusion, leading to legal proceedings in Adelaide and New South Wales. The Federal Magistrate rejected Ginos’ application for costs and ordered it to pay Autodesk Australia’s costs in a lump sum of $22,500. The appellant argued that the Federal Magistrate had effectively taxed the costs, resulting in a much larger sum than would have been awarded through proper taxation. The court, however, found that the Federal Magistrate had exercised his discretion appropriately in making a lump sum order, and that the appellant had not demonstrated an error in this exercise of discretion. The appeal was dismissed, and the appellant was ordered to pay the respondent’s costs of the appeal.