Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wang v Anying Group Pty Ltd (No 2) [2011] FCA 1413 Citation: Wang v Anying Group Pty Ltd (No 2) [2011] FCA 1413
Parties: HUA WEI WANG, XINYING PTY LTD (ACN 118 548 977) and NEW CENTURY 2001 PTY LTD TRADING AS ANYING SYDNEY COMPANY (ACN 114 661 568) v ANYING GROUP PTY LTD (ACN 126 282 657), YANYAN SUN and YUN CHEN; ANYING GROUP PTY LTD (ACN 126 282 657), YANYAN SUN and YUN CHEN v HUA WEI WANG, XINYING PTY LTD (ACN 118 548 977), NEW CENTURY 2001 PTY LTD TRADING AS ANYING SYDNEY COMPANY (ACN 114 661 568), REGISTRAR OF TRADE MARKS, CHUANG WANG and ANYING INTERNATIONAL FINANCIAL PTY LIMITED (ACN 105 067 990)
File number: NSD 768 of 2008
Judge: FOSTER J
Date of judgment: 12 December 2011
Catchwords: COSTS – whether costs should be apportioned across particular issues or discounted having regard to the fact that part of the applicants' case failed – whether the appropriate exercise of discretion in respect of costs is to discount the award that otherwise would have been made in favour of the successful parties
Legislation: Trade Practices Act 1974 (Cth), ss 52, 53(d), 75B and 80 Australian Consumer Law
Cases cited: Wang v Anying Group Pty Ltd [2011] FCA 1196 related Kazar (Liquidator) v Kargarian; In the Matter of Frontier Architects Pty Ltd (In Liq) [2011] FCAFC 136 cited
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