Unilever Aust Ltd v George Karounos & Anor [2001] FCA 921

FEDERAL COURT OF AUSTRALIA

Unilever Aust Ltd v George Karounos & Anor [2001] FCA 921

STRIKE-OUT – application to strike-out or otherwise dismiss cross-claim - whether s 76 of the Trustee Act 1936 (SA) operates so as to vest any claim that the first cross-claimant as trustee of a trust might have in the new trustee upon execution and registration of the memorandum of appointment of new trustee – effect of s 20 of the Trade Marks Act 1995 (Cth) – whether cross-claim should be struck-out having regard to conduct.

COSTS – consideration of how costs should be borne in relation to discontinued proceedings having regard to conduct of the parties.

Trustee Act 1936 (SA) s 76

Trade Marks Act 1995 (Cth) s 20

UNILEVER AUSTRALIA LIMITED (ACN 004 050 828) v GEORGE KAROUNOS AND ANOR

NG 732 of 1998 HILL J 19 JULY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 732 OF 1998

BETWEEN: UNILEVER AUSTRALIA LIMITED (ACN 004 050 828)

APPLICANT/CROSS-RESPONDENT

AND: GEORGE KAROUNOS

SECOND RESPONDENT/SECOND CROSS-CLAIMANT

REVELINU PTY LIMITED (ACN 067 545 117)

[in liquidation] (previously known as

RFC Nominees Pty Limited)

FIRST CROSS-CLAIMANT

SABRE INTERNATIONAL LIMITED

THIRD RESPONDENT/THIRD CROSS-CLAIMANT

JUDGE: HILL J

DATE OF ORDER: 19 JULY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. There be no order for costs of the application so far as the proceedings relate to Revelinu Pty Limited (in liquidation). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 732 OF 1998