Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd (No 2) [2017] FCAFC 110 Appeal from: Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554
File number: QUD 683 of 2015
Judges: GREENWOOD, BESANKO AND KATZMANN JJ
Date of judgment: 31 July 2017
Catchwords: COSTS – consideration of the appropriate orders as to costs of the proceeding at first instance and the costs of the appeal and cross-appeals – where costs should follow the event – where all respondents/cross-appellants played an active part in the proceedings – where appellants failed at trial on substantial aspects of misleading or deceptive conduct case and allegations of infringement – where appropriate for a reduction in the costs otherwise payable, rather than different orders in relation to different issues.
Legislation: Trade Marks Act 1995 (Cth), ss 41, 88
Cases cited: Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 746 Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2017] FCAFC 56 Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 8) [2017] FCA 258 Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107 Firebird Global Master Fund II Ltd v Republic of Nauru (2015) 90 ALJR 270; (2015) 327 ALR 192; [2015] HCA 43 Hockey v Fairfax Media Publications Pty Limited (No 2) (2015) 237 FCR 127 Howards Storage World Pty Ltd v Haviv Holdings Pty Ltd and Another (2010) 182 FCR 84 Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27; (2016) 117 IPR 415 Ruddock and Others v Vadarlis and Others (No 2) (2001) 115 FCR 229
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