Occupational and Medical Innovations Limited (ACN 091 192 871) v Retractable Technologies Inc (No 3)

[2007] FCA 1933

FEDERAL COURT OF AUSTRALIA

Occupational and Medical Innovations Limited (ACN 091 192 871) v Retractable Technologies Inc (No 3) [2007] FCA 1933

OCCUPATIONAL AND MEDICAL INNOVATIONS LIMITED (ACN 091 192 871) v RETRACTABLE TECHNOLOGIES INC

QUD 146 OF 2006

DOWSETT J
30 AUGUST 2007
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 146 OF 2006

BETWEEN:	OCCUPATIONAL AND MEDICAL INNOVATIONS LIMITED (ACN 091 192 871) Applicant
AND:	RETRACTABLE TECHNOLOGIES INC Respondent

JUDGE:	DOWSETT J
DATE OF ORDER:	30 AUGUST 2007
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.the respondent pay the applicant’s costs of the hearing on 26 June 2007 and of receiving judgment today.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 146 OF 2006

BETWEEN:	OCCUPATIONAL AND MEDICAL INNOVATIONS LIMITED (ACN 091 192 871) Applicant
AND:	RETRACTABLE TECHNOLOGIES INC Respondent

JUDGE:	DOWSETT J
DATE:	30 AUGUST 2007
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. The applicant has been substantially successful in these proceedings.  It is true that it complained of threats contained in two letters and has been successful only in respect of one.  Although both parties accepted that the two letters had to be read together, it is possible that had the applicant proceeded only with respect to the first letter, the incurrence of some costs may have been avoided.  However I doubt that any increase in costs was significant.  The respondent should pay the applicant’s costs of the hearing on 26 June 2007 and of receiving judgment today.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:        6 December 2007

Counsel for the Applicant:	Mr J Horton
Solicitor for the Applicant:	Clayton Utz
Counsel for the Respondent:	Mr D Logan
Solicitor for the Respondent:	Davies Collison Cave
Date of Hearing:	30 August 2007
Date of Judgment:	30 August 2007