Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Seafolly Pty Ltd v Madden (No 5) [2014] FCA 1413 Citation: Seafolly Pty Ltd v Madden (No 5) [2014] FCA 1413
Parties: SEAFOLLY PTY LTD v LEAH MADDEN
File number: VID 764 of 2010
Judge: TRACEY J
Date of judgment: 23 December 2014
Catchwords: COSTS – costs of substantive proceeding – costs of stay application – exercise of discretion to award costs – consideration of success of the parties on the significant issues agitated at trial – consideration of conduct at trial – whether apportionment of costs appropriate – whether costs should be awarded on an indemnity basis – whether respondent entitled to interest on judgment pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth)
Legislation: Copyright Act 1968 (Cth) Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules 2011 (Cth) rr 40.02, 41.03, 41.11 Trade Practices Act 1974 (Cth) ss 52, 53, 82
Cases cited: Madden v Seafolly Pty Ltd (2014) 313 ALR 1 – cited Madden v Seafolly Pty Ltd (No 2) [2014] FCAFC 49 – cited Seafolly Pty Ltd v Madden (2012) 297 ALR 337 – cited Seafolly Pty Ltd v Madden (No 2) (2013) 99 IPR 539 – cited Seafolly Pty Ltd v Madden (No 3) [2013] FCA 316 – cited Seafolly Pty Ltd v Madden (No 4) [2014] FCA 980 – cited
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