Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rapala v Twin Peaks Leisure [2002] FCA 1299
COSTS – application for costs – agreement between the parties as to substance of proceedings – whether the Court should exercise its discretion to award costs – whether the applicants' conduct was reasonable – delay by applicants in approaching respondents – whether reasonable of applicants to demand undertakings from respondents at short notice - sale of counterfeit fishing lures
Federal Court of Australia Act 1976 (Cth) s 43
Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 42 FLR 213 cited Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 cited Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 cited Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 cited One-Tel Ltd v Deputy Commissioner of Taxation [2000] FCA 270; 101 FCR 548 cited Sunday Times Newspaper Co Ltd v McIntosh (1933) 33 SR (NSW) 371 cited Reddy v Hughes (1996) 37 IPR 413 cited RAPALA VMC OY AND DUNPHY SPORTS/FISHING IMPORTS PTY LIMITED (ACN 002 102 392) v TWIN PEAKS LEISURE PTY LTD T/A AUSTRALIAN FISHING DISCOUNTERS (ACN 093 053 671) AND ZEAD HOUCHAR
N 776 OF 2002 BRANSON J 23 OCTOBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 776 of 2002
BETWEEN: RAPALA VMC OY
FIRST APPLICANT
DUNPHY SPORTS/FISHING IMPORTS PTY LIMITED (ACN 002 102 392)
SECOND APPLICANT
AND: TWIN PEAKS LEISURE PTY LTD T/A AUSTRALIAN FISHING DISCOUNTERS (ACN 093 053 671)
FIRST RESPONDENT
ZEAD HOUCHAR
SECOND RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 23 OCTOBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT there be no order as to the costs of this proceeding.
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