Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys (No 2) [2012] FCA 977

FEDERAL COURT OF AUSTRALIA

Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys (No 2) [2012] FCA 977 Citation: Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys (No 2) [2012] FCA 977

Parties: SUPERIOR IP INTERNATIONAL PTY LTD ACN 126 853 558 v AHEARN FOX PATENT AND TRADE MARK ATTORNEYS

File number: QUD 322 of 2011

Judge: REEVES J

Date of judgment: 6 September 2012

Corrigendum: 12 September 2012

Catchwords: COSTS – indemnity costs – an order for indemnity costs requires "special or unusual features" – plaintiff not wholly successful on application under s 459G Corporations Act 2001 (Cth) – inappropriate to assess fairness and reasonableness of offer to settle a dispute in relation to application under s 459G Corporations Act 2001 (Cth) PRACTICE AND PROCEDURE – costs – no genuine steps statement filed by the plaintiff – consideration of the appropriateness of the application of the Civil Dispute Resolution Act 2011 (Cth) to statutory demand proceedings under Pt 5.4 of the Corporations Act 2001 (Cth) to set aside a statutory demand

Legislation: Civil Dispute Resolution Act 2011 (Cth) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth)

Cases cited: Carr v Finance Corporation of Australia Limited (1981) 147 CLR 246 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Re Application by the Chief Commissioner of Police (Victoria) (2005) 214 ALR 422; [2005] HCA 18 Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys [2012] FCA 282