Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Seafolly Pty Ltd v Madden (No 2) [2013] FCA 46 Citation: Seafolly Pty Ltd v Madden (No 2) [2013] FCA 46
Parties: SEAFOLLY PTY LTD (ACN 001 537 748) v LEAH MADDEN
File number: VID 764 of 2010
Judge TRACEY J
Date of judgment: 8 February 2013
Catchwords: COSTS – Application to vary order for costs – whether departure from ordinary position as to costs warranted where Calderbank offer made – whether departure from ordinary position as to costs warranted where applicant unsuccessfully pursued certain issues but was successful on other grounds – departure from normal order not justified – application dismissed
Legislation: Copyright act 1968 (Cth) Fair Trading Act 1989 (Qld) Federal Court of Australia Act 1976 (Cth) – s 43 Federal Court Rules 2011 (Cth) – Part 25 Trade Practices Act 1974 (Cth) – ss 52, 53(a)
Cases cited: Alpine Hardwoods (Aust) Pty Ltd v Hardys Pty Ltd (No 2) (2002) 190 ALR 121 – cited Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd (No 2) [2010] FCA 277 – considered Black v Lipovac (1998) 217 ALR 386 – cited Calderbank v Calderbank [1976] Fam Law 93 – considered, followed Commissioner of Australian Federal Police v Razzi (No 2) (1991) 30 FCR 64 – considered Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 – considered Dr Martens v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 – cited Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 – cited Perry v Comcare (2006) 150 FCR 319 – cited Roadshow Films v iiNet Limited (No 4) (2010) 269 ALR 606 – considered, applied Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 – considered, applied Seafolly Pty Ltd v Madden [2012] FCA 1346 – considered Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 28 ALR 201 – considered
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