The Epoch Holding Group Pty Ltd v Katz

FEDERAL COURT OF AUSTRALIA

The Epoch Holding Group Pty Ltd v Katz [2023] FCA 1468  

File number(s):

NSD 527 of 2022

Judgment of:

CHEESEMAN J

Date of judgment:

24 November 2023

Catchwords:

 COSTS – whether costs order should be made – where, if costs order made, whether costs should be payable forthwith following the dismissal of an interlocutory application – where the application concerns access to documents – where the application has been rendered otiose by reason of access to documents being provided without final determination of the merits of application – Held: Cost orders made on usual terms.

PRACTICE AND PROCEDURE – where parties seek confidentiality orders – where agreement in principle as to necessity to protect confidential information – Held: application successful    

Legislation:

Federal Court Rules 2011 (Cth) r 40.13

Cases cited:

Capic v Ford Motor Company of Australia Limited (Costs Forthwith) [2019] FCA 1065

ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270; 101 FCR 548

Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; 186 CLR 622

Tour Squad Pty Ltd v Fifth Amendment Entertainment Inc [2020] FCA 1649

Division:

General Division

Registry:

New South Wales

National Practice Area:

Intellectual Property

Sub-area:

Copyright and Industrial Designs

Number of paragraphs:

10

Date of last submissions:

17 November 2023

Date of hearing:

15 June 2023, determined by consent on the papers.  

Counsel for the Applicants:

Mr P W Flynn SC with Mr J M Elks

Solicitor for the Applicants:

King & Wood Mallesons

Counsel for the Second Respondent: 

Mr J Lockhart SC with Mr P Gaffney

Solicitor for the Second Respondent:

Herbert Smith Freehills

 

ORDERS

NSD 527 of 2022

BETWEEN:

THE EPOCH HOLDING GROUP PTY LTD ACN 169 456 517

First Applicant

EPOCH CAPITAL PTY LTD ACN 128 329 395

Second Applicant

EPOCH SYSTEMS DEVELOPMENT PTY LTD ACN 144 882 744 (and others named in the Schedule)

Third Applicant

AND:

DAVID KATZ

Second Respondent

ORDER MADE BY:	CHEESEMAN J
DATE OF ORDER:	24 NOVEMBER 2023

THE COURT ORDERS THAT:

1.The interlocutory application dated 5 May 2023 be dismissed.

2.The applicants pay the second respondent’s costs of and incidental to the application.

3.By 4pm, 28 November 2023, the parties are to submit proposed joint short minutes of order addressing confidentiality and access to documents in accordance with these reasons.

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

REASONS FOR JUDGMENT

CHEESEMAN J

1. These reasons concern two issues:

   (1)cost orders consequential on the finalisation of an interlocutory application; and

   (2)whether interim confidentiality orders should be continued. 

   COSTS OF THE INTERLOCUTORY APPLICATION

2. The costs orders in issue relate to an interlocutory application brought by the second respondent, Mr Katz, dated 5 May 2023 against the applicants, the Epoch Parties. The application has essentially resolved without requiring the Court to formally determine it. During the period the application was on foot, there were a number of developments in relation to the substantive proceeding. Foremost…