Federal Court of Australia
Federal Court of Australia
RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd (No 2) [2024] FCAFC 92 Appeal from: RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2022] FCA 1042
File number: NSD 915 of 2022
Judgment of: NICHOLAS, BURLEY and HESPE JJ
Date of judgment: 11 July 2024
Catchwords: COSTS – application for variation to costs orders – appropriate order as to costs – where appellants failed to establish trade mark infringement at trial and on appeal but successful in resisting validity challenge – where respondent's validity arguments raised only in response to infringement case – where appellants successful in demonstrating appealable error – whether costs awarded to the appellants should be discounted – current apportionment appropriate
Cases cited: RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2024] FCAFC 10
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 8
Date of last submission: 11 April 2024
Date of hearing: Determined on the papers
Counsel for the Appellants: Mr MR Hall SC, Ms E Whitby and Mr G Tsang
Solicitor for the Appellants: Thomson Geer
Counsel for the Respondent: Mr EJC Heerey KC and Ms F St John
Solicitor for the Respondent: Ashurst Australia
ORDERS NSD 915 of 2022
BETWEEN: RB (HYGIENE HOME) AUSTRALIA PTY LTD First Appellant
RECKITT BENCKISER FINISH B.V. Second Appellant
AND: HENKEL AUSTRALIA PTY LTD Respondent
order made by: NICHOLAS, BURLEY AND HESPE JJ DATE OF ORDER: 11 July 2024
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