Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aldi Foods Pty Ltd v Moroccanoil Israel Ltd (No 2) [2018] FCAFC 147 Appeal from: Moroccanoil Israel Ltd v Aldi Foods Pty Ltd [2017] FCA 823
File numbers: NSD 1654 of 2017 NSD 1656 of 2017
Judges: ALLSOP CJ, PERRAM AND MARKOVIC JJ
Date of judgment: 4 September 2018
Catchwords: COSTS – application for special costs order – whether application should be entertained – whether Full Court on appeal should determine costs – where Appellants did not foreshadow application for special costs order – where Appellants made Calderbank letter prior to trial before primary judge
Cases cited: Kable v State of New South Wales (No 2) [2012] NSWCA 361 Thomas v Commissioner of Taxation (No 2) [2017] FCAFC 144
Date of hearing: Determined on the papers
Date of last submissions: 3 August 2018 (Respondent) 7 August 2018 (Appellants)
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Category: Catchwords
Number of paragraphs: 14
Counsel for the Appellants: Mr C Dimitriadis SC with Mr A Fox
Solicitor for the Appellants: Norton Rose Fulbright Australia
Counsel for the Respondent: Mr R Cobden SC with Mr J S Cooke
Solicitor for the Respondent: Ashurst Australia
ORDERS NSD 1654 of 2017
BETWEEN: ALDI FOODS PTY LTD ACN 086 210 139 Appellant
AND: MOROCCANOIL ISRAEL LTD Respondent
JUDGES: ALLSOP CJ, PERRAM AND MARKOVIC JJ DATE OF ORDER: 4 September 2018
THE COURT ORDERS THAT:
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