Federal Court of Australia
Federal Court of Australia
Bendigo and Adelaide Bank Limited v Community First Credit Union Limited (No 2) [2021] FCAFC 62 Appeal from: Community First Credit Union Limited v Bendigo and Adelaide Bank Limited [2019] FCA 1553
File numbers: NSD 1956 of 2019 NSD 1963 of 2019
Judgment of: MIDDLETON, BURLEY AND THAWLEY JJ
Date of judgment: 27 April 2021
Catchwords: COSTS – application for indemnity costs – where appellant made a unilateral decision to remove certain pagination from the appeal book without notifying the first respondent – where costs incurred by first respondent updating submissions with references to new pagination – where decision was made in good faith – indemnity costs not awarded
Legislation: Federal Court of Australia Act 1976 (Cth), ss 37M, 37N, 43
Cases cited: Bendigo and Adelaide Bank Limited v Community First Credit Union Limited [2021] FCAFC 31 Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 Community First Credit Union Limited v Bendigo and Adelaide Bank Limited [2019] FCA 1553
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 19
Date of last submissions: 14 April 2021
Date of hearing: Determined on the papers
Counsel for the Appellant: Ms M Marcus
Solicitor for the Appellant: Allens
Counsel for the First Respondent: Ms S Goddard SC with Ms S Ross
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