Hardingham v RP Data Pty Limited (No 3)

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FEDERAL COURT OF AUSTRALIA

Hardingham v RP Data Pty Limited (No 3) [2020] FCA 868

File number: NSD 1266 of 2018
Judge: THAWLEY J
Date of judgment: 10 June 2020
Cases cited:

Hardingham v RP Data Pty Limited [2019] FCA 2075

Hardingham v RP Data Pty Limited (No 2) [2019] FCA 2138

Date of hearing: 10 June 2020
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Category: No Catchwords
Number of paragraphs: 17
Counsel for the Applicants: Mr R Cobden SC and Mr J Sleight
Solicitor for the Applicants: Neville Hourn and Bourg Legal
Counsel for the Respondent/Cross-Claimant: Mr MD Martin QC
Solicitor for the Respondent/Cross-Claimant: Mills Oakley Lawyers
Counsel for the Cross-Respondent: Mr HPT Bevan
Solicitor for the Cross-Respondent: Corrs Chambers Westgarth

ORDERS

NSD 1266 of 2018
BETWEEN:

JAMES KELLEND HARDINGHAM

First Applicant

REAL ESTATE MARKETING AUSTRALIA

Second Applicant

AND:

RP DATA PTY LIMITED

Respondent

AND BETWEEN:

RP DATA PTY LIMITED

Cross-Claimant

AND:

REALESTATE.COM.AU PTY LTD

Cross-Respondent

JUDGE:

THAWLEY J

DATE OF ORDER:

10 JUNE 2020

THE COURT ORDERS THAT:

1.Order 6 made on 17 December 2019 be varied by extending the time in which the party entitled to costs file and serve any costs summary and submissions in accordance with the Costs Practice Note (GPN-COSTS) to 28 days after the determination or discontinuance of the applicants’ appeal and the cross-respondent’s cross-appeal (Federal Court of Australia Proceeding No. NSD 114 of 2020), or until further order.

2.Order 7 made on 17 December 2019 be varied by extending the time in which the applicants paying costs file and serve any costs response and submissions in accordance with the Costs Practice Note (GPN-COSTS) to 28 days after the date of filing and service of any costs summary in order 2 above.

3.The applicants’ interlocutory application filed 16 April 2020 be dismissed insofar as it seeks orders against the cross-respondent

4.There be no orders as to costs of the applicants’ interlocutory application filed 16 April 2020 as between the applicant and the cross-respondent.

5.The respondent pay the applicants’ costs of the interlocutory application as between the applicant and the respondent.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


REASONS FOR JUDGMENT
(revised from transcript)

THAWLEY J:

  1. On 9 December 2019 reasons were delivered in relation to the question of liability of the respondent to the applicant for infringement of copyright in certain works, being photographs and floor plans, the subject of a separate question: Hardingham v RP Data Pty Limited [2019] FCA 2075. On 17 December 2019 orders were made dismissing the application and dealing with costs. The applicant has appealed on the question of liability and the cross-respondent, Realestate.com.au Pty Ltd (REA), has cross-appealed on the question of costs.

  2. By an interlocutory application filed on 16 April 2020, the applicants seek a stay of orders for costs until the disposal of their appeal from the order dismissing the application.  Pursuant…

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Details
Case
[2020] FCA 868
Decision Date

CaseChat Overview and Summary

Hardingham v RP Data Pty Limited (No 3) involves the ongoing dispute between Hardingham and RP Data Pty Limited over intellectual property rights. The case was heard in the Federal Court of Australia. The central issue before the court was whether the orders made in relation to costs in a previous proceeding should be varied. Specifically, the applicants sought an extension of time to file and serve costs submissions and responses, as well as orders regarding the costs of an interlocutory application filed in the current proceeding.

The court considered the appropriate time frames for filing costs submissions and responses, taking into account the nature of the interlocutory application and the circumstances of the case. The court noted that the applicants had previously been granted extensions of time for costs submissions in the earlier proceeding, and that the current proceeding was connected to that earlier proceeding. The court determined that an extension of time was warranted in the current proceeding to ensure consistency with the previous proceeding and to avoid any potential prejudice to the parties. The court also considered the applicants’ interlocutory application and found that there were no grounds for making orders against the cross-respondent or for awarding costs of the interlocutory application as between the applicant and the cross-respondent.

The court made orders varying the time frames for filing costs submissions and responses, dismissing the interlocutory application insofar as it sought orders against the cross-respondent, and awarding the applicants’ costs of the interlocutory application as between the applicant and the respondent. The court also noted that entry of the orders was dealt with in Rule 39.32 of the Federal Court Rules 2011. Overall, the court’s decision provides guidance on the appropriate time frames for filing costs submissions and responses in complex intellectual property cases, while also ensuring fairness and consistency in the proceedings.

Orders

Orders of the court

1. Order 6 made on 17 December 2019 be varied by extending the time in which the party entitled to costs file and serve any costs summary and submissions in accordance with the Costs Practice Note (GPN-COSTS) to 28 days after the determination or discontinuance of the applicants’ appeal and the cross-respondent’s cross-appeal (Federal Court of Australia Proceeding No. NSD 114 of 2020), or until further order.

2. Order 7 made on 17 December 2019 be varied by extending the time in which the applicants paying costs file and serve any costs response and submissions in accordance with the Costs Practice Note (GPN-COSTS) to 28 days after the date of filing and service of any costs summary in order 2 above.

3. The applicants’ interlocutory application filed 16 April 2020 be dismissed insofar as it seeks orders against the cross-respondent

4. There be no orders as to costs of the applicants’ interlocutory application filed 16 April 2020 as between the applicant and the cross-respondent.

5. The respondent pay the applicants’ costs of the interlocutory application as between the applicant and the respondent.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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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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