Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 3) [2007] FCAFC 119
COSTS – costs of appeal where successful party abandoned a number of grounds of appeal prior to the hearing – where successful party was unsuccessful on substantive issues of appeal – where circumstances justify apportionment of costs between the parties according to their success or failure on separate issues COSTS – costs of the motion on notice seeking variation of orders – where motion was unsuccessful – no circumstance existed to justify departure from the ordinary principle that costs follow the event Federal Court of Australia Act 1976 (Cth), s 43 Dodds Family Investments Pty Ltd (formerly Solar Tint Pty Ltd) v Lane Industries Pty Ltd (1993) 26 IPR 261 cited CADBURY SCHWEPPES PTY LTD (ACN 004 551 473) v DARRELL LEA CHOCOLATE SHOPS PTY LTD (ACN 000 498 386) VID 774 OF 2006
BLACK CJ, EMMETT & MIDDLETON JJ
28 August 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 774 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: CADBURY SCHWEPPES PTY LTD (ACN 004 551 473)
Appellant
AND: DARRELL LEA CHOCOLATE SHOPS PTY LTD (ACN 000 498 386)
Respondent
JUDGES: BLACK CJ, EMMETT & MIDDLETON JJ DATE OF ORDER: 28 August 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The respondent pay the appellant's costs of the appeal other than the appellant's costs of and associated with grounds 1 to 14 (inclusive), 17 and 18 of the amended notice of appeal. 2. The appellant pay the respondent's costs of and associated with grounds 1 to 14 (inclusive), 17 and 18 of the amended notice of appeal. 3. The appellant pay the respondent's costs of the motion on notice dated 5 June 2007. 4. Neither party be entitled to have a bill of costs taxed until the principal proceeding is concluded or further order of the trial judge. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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