Mizzi Family Holdings Pty Ltd v Morellini (No 4)

[2017] FCA 1021

FEDERAL COURT OF AUSTRALIA

Mizzi Family Holdings Pty Ltd v Morellini (No 4) [2017] FCA 1021

File number:	QUD 112 of 2011
Judge:	DOWSETT J
Date of judgment:	30 August 2017
Catchwords:	PATENTS ‑ costs ‑ where cross‑claimant failed to establish any loss attributable to allegedly unjustifiable threats ‑ where that problem should have been identified by the cross-claimant or his legal advisers
Date of hearing:	12 August 2016
Date of last submissions:	15 August 2017
Registry:	Queensland
Division:	General Division
National Practice Area:	Intellectual Property
Sub-area:	Patents and associated Statutes
Category:	Catchwords
Number of paragraphs:	2
Counsel for the Applicant/First and Second Cross Respondents:	Mr D Campbell QC
Solicitor for the Applicant/First and Second Cross Respondents:	Boulton Cleary & Kern
Counsel for the Respondent/Cross‑Claimant:	Mr A Ryan QC
Solicitor for the Respondent/Cross‑Claimant:	Griffith Hack

ORDERS

QUD 112 of 2011

BETWEEN:

MIZZI FAMILY HOLDINGS PTY LTD ACN 132 033 615

Applicant

AND:

DARYL MARK MORELLINI

Respondent

AND BETWEEN:

DARYL MARK MORELLINI

Cross-Claimant

AND:

MIZZI FAMILY HOLDINGS PTY LTD ACN 132 033 615 (and another named in the Schedule)

First Cross-Respondent

JUDGE:	DOWSETT J
DATE OF ORDER:	30 AUGUST 2017

THE COURT ORDERS THAT:

1.the cross-claimant pay the first and second cross‑respondents’ costs of and incidental to the issue of unjustified threats.

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

REASONS FOR JUDGMENT

DOWSETT J:

1. I am presently considering applications for costs orders in connection with the hearing and determination of one issue in this case.  The issue is the cross‑claim by the cross‑claimant against the first and second cross‑respondents for damages allegedly sustained as the result of unjustified threats.

2. I have dismissed that claim on the ground that the cross‑claimant failed to establish any loss attributable to the threats.  In my view this problem should have been identified by his legal advisers, if not by him.  In those circumstances, I order the cross-claimant to pay the first and second cross‑respondents’ costs of and incidental to that issue.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:        30 August 2017

SCHEDULE OF PARTIES

QUD 112 of 2011
Cross-Respondents
Second Cross-Respondent	PAUL LAURENCE MIZZI