Voxson Pty Limited v Telstra Corporation Limited (No 3)

Voxson Pty Limited sought leave to amend its pleadings in a patent infringement case against Telstra Corporation Limited, Optus Networks Pty Limited, and Vodafone Hutchison Australia Limited. The case was heard in the Federal Court of Australia, where the primary issue was whether Voxson should be granted leave to amend its statements of claim to address the deficiencies pointed out by the respondents.

The court had to determine whether Voxson should be allowed to amend its pleadings, and if so, under what conditions. The respondents argued that Voxson’s initial pleadings were defective and that further amendments would be futile. They also sought costs on an indemnity basis for the delays and inefficiencies caused by the proposed amendments. Voxson contended that it had been reasonable in its approach and that further amendments would narrow the issues in dispute, making the proceedings more efficient.

The court held that Voxson was entitled to leave to amend its pleadings, but its conduct had not been perfect. The court found that the respondents’ conduct had also been unreasonable, particularly in how they raised new issues during the proceedings. The court ordered that Voxson pay costs for the interlocutory applications and the amendments to the pleadings up until a certain date, but on an ordinary basis rather than indemnity. The court also removed two respondents from the case and ordered that certain costs be paid forthwith. Finally, Optus Networks Pty Limited was to be joined to the proceedings.