Federal Court of Australia
Federal Court of Australia
Fuchs Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australasia) Pty Ltd (No 2) [2021] FCAFC 114 Appeal from: Quaker Chemical (Australasia) Pty Ltd v Fuchs Lubricants (Australasia) Pty Ltd (No 2) [2020] FCA 306 Quaker Chemical (Australasia) Pty Ltd v Fuchs Lubricants (Australasia) Pty Ltd (No 3) [2020] FCA 515
File number: NSD 556 of 2020
Judgment of: BEACH, MOSHINSKY AND THAWLEY JJ
Date of judgment: 25 June 2021
Catchwords: PRACTICE AND PROCEDURE – costs – appeal and cross-appeal – where appeal allowed and cross-appeal dismissed – whether, in relation to the appeal and cross-appeal, any basis to depart from the ordinary rule that costs follow the event – whether, in relation to the proceeding at first instance, it was appropriate to discount costs on account of the parties' success and failure on certain issues PRACTICE AND PROCEDURE – stay – application for stay pending determination of application for special leave and any appeal to the High Court of Australia – where stay largely unopposed – whether power to stay declaration of patent invalidity – whether appropriate to grant stay in circumstances of present case – stay granted
Cases cited: Arnhem Land Aboriginal Land Trust v Northern Territory of Australia (2007) 157 FCR 255 Bunnings Forest Products Pty Ltd v Bullen (1984) 54 FCR 342 Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd (No 2) [2017] FCAFC 158
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