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

FEDERAL COURT OF AUSTRALIA

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

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