Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
N.V. Sumatra Tobacco Trading Company v British American Tobacco Services Limited [2011] FCA 1295 Citation: N.V. Sumatra Tobacco Trading Company v British American Tobacco Services Limited [2011] FCA 1295
Parties: N.V. SUMATRA TOBACCO TRADING COMPANY v BRITISH AMERICAN TOBACCO AUSTRALIA SERVICES LIMITED ACN 004 069 649
File number(s): QUD 260 of 2008
Judge: GREENWOOD J
Date of judgment: 14 November 2011
Catchwords: INTELLECTUAL PROPERTY – consideration of the disposition of the costs of the principal proceeding in N.V. Sumatra Tobacco Trading Company v British American Tobacco Services Limited [2011] FCA 1051 – consideration of the factors to be considered in exercising the discretion TRADE MARKS – consideration of the disposition of the costs in the principal proceeding
Legislation: Federal Court of Australia Act 1976, s 43
Cases cited: Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52 – cited and quoted Oshlack v Richmond River Council (1998) 193 CLR 72 - cited Kazar (Liquidator) v Kargarian; In the Matter of Frontier Architects Pty Ltd (In Liq) [2011] FCAFC 136 - cited Norbis v Norbis (1986) 161 CLR 513 - cited JMVB Enterprises Pty Ltd v Camoflag Pty Ltd (No. 2) [2007] FCAFC 6 – cited and quoted Doric Products Pty Ltd v Lockwood Security Products Pty Ltd (2002) 54 IPR 495 - cited Dodds Family Investments Pty Ltd v Lane Industries Ltd (1993) 26 IPR 261 – cited and quoted Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No. 2) [2000] FCA 602 – cited and quoted Black & Decker Inc v GMCA Pty Ltd (No. 3) [2008] FCA 932 - cited BHP Coal Pty Ltd & Ors v O & K Orenstein & Koppel AG & Ors (No. 2) [2009] QSC 64 - cited Ramsden v Federal Commissioner of Taxation [2004] FCA 681 - cited Waterman v Gerling Australia Insurance Co Pty Ltd (No. 2) [2005] NSWSC 1111 – cited Alborn v Stephens [2010] QCA 58 - cited Clark v Commissioner of Taxation (No. 2) [2010] FCA 889 - cited Telstra Corporation Limited v Australian Competition Tribunal (No. 2) [2009] FCAFC 34 – cited and quoted
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