QPSX Limited ACN 083 702 907 v Ericsson Australia Pty Ltd ACN 004 071 854

[2004] FCA 1302

FEDERAL COURT OF AUSTRALIA

QPSX Limited ACN 083 702 907 v Ericsson Australia Pty Ltd ACN 004 071 854
(No 2) [2004] FCA 1302

COSTS – no question of principle

QPSX LIMITED ACN 083 702 907, QPSX COMMUNICATIONS PTY LTD ACN 009 230 666 and QPSX EUROPE GmbH HRB-NR 133459 v ERICSSON AUSTRALIA PTY LTD ACN 004 071 854, TELEFONAKTIEBOLAGET LM ERICSSON ORGANISATION NO 556016-0680, LONGREACH GROUP LIMITED ACN 006 584 596 and LONGREACH NETWORKS PTY LTD ACN 104 959 480
W87 of 2004

FRENCH J
12 OCTOBER 2004
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W87 OF 2004

BETWEEN:

QPSX LIMITED
ACN 083 702 907
FIRST APPLICANT

QPSX COMMUNICATIONS PTY LTD
ACN 009 230 666
SECOND APPLICANT

QPSX EUROPE GmbH
HRB-NR 133459
THIRD APPLICANT

AND:

ERICSSON AUSTRALIA PTY LTD
ACN 004 071 854
FIRST RESPONDENT

TELEFONAKTIEBOLAGET LM ERICSSON ORGANISATION NO 556016-0680
SECOND RESPONDENT

LONGREACH GROUP LIMITED
ACN 006 584 596
THIRD RESPONDENT

LONGREACH NETWORKS PTY LTD
ACN 104 959 480
FOURTH RESPONDENT

JUDGE:

FRENCH J

DATE OF ORDER:

12 OCTOBER 2004

WHERE MADE:

PERTH

THE COURT ORDERS THAT:

The applicants pay the first and second respondents’ costs of their motion filed 11 June 2004.

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

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W87 OF 2004

BETWEEN:

QPSX LIMITED
ACN 083 702 907
FIRST APPLICANT

QPSX COMMUNICATIONS PTY LTD
ACN 009 230 666
SECOND APPLICANT

QPSX EUROPE GmbH
HRB-NR 133459
THIRD APPLICANT

AND:

ERICSSON AUSTRALIA PTY LTD
ACN 004 071 854
FIRST RESPONDENT

TELEFONAKTIEBOLAGET LM ERICSSON ORGANISATION NO 556016-0680
SECOND RESPONDENT

LONGREACH GROUP LIMITED
ACN 006 584 596
THIRD RESPONDENT

LONGREACH NETWORKS PTY LTD
ACN 104 959 480
FOURTH RESPONDENT

JUDGE:	FRENCH J
DATE:	12 OCTOBER 2004
PLACE:	PERTH

REASONS FOR JUDGMENT ON INTERLOCUTORY COSTS

1. On 1 September 2004, I made the following orders on the first and second respondents’ motion filed 11 June 2004:

   ‘1.Paragraphs 15-20, 23-27, 30-41, 55, 58, 62-64 and 69 of the statement of claim are struck out.

   2.The Applicants have leave to file and serve a substituted statement of claim on or before 30 September 2004.

   3.The parties have leave to make submissions on the question of costs on or before 21 September 2004.’

   Further directions relating to the service of defences and replies were also made. 

2. Pursuant to the third paragraph of the orders on the first and second respondents’ motion, submissions as to costs were received from the first and second respondents.  No submissions were received from the applicants.  The Court was advised that the applicants did not intend to file any written submissions in relation to the appropriate costs orders to be made.  The first and second respondents submit that the costs should follow the event on their motion.  I agree.

3. The order of the Court will be that the applicants pay the first and second respondents’ costs of their motion filed 11 June 2004.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice French 2004.

Associate:

Dated:            12 October 2004

Date of Filing of Written Submissions:	21 September 2004
Date of Judgment:	12 October 2004