Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 746

FEDERAL COURT OF AUSTRALIA

Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 746 Citation: Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 746

Parties: ACCOR AUSTRALIA & NEW ZEALAND HOSPITALITY PTY LTD and CAIRNS HARBOUR LIGHTS PTY LTD v LIV PTY LTD ACN 093 688 576, IVANA PATALANO and ELISE WYANDRA WARRING ALSO KNOWN AS ELISE BRADNAM; ELISE WYANDRA WARRING ALSO KNOWN AS ELISE BRADNAM and IVANA PATALANO; CAIRNS HARBOUR LIGHTS PTY LTD and ACCOR AUSTRALIA & NEW ZEALAND HOSPITALITY PTY LTD

File number: QUD 762 of 2012

Judge: RANGIAH J

Date of judgment: 22 July 2015

Catchwords: COSTS – apportionment of costs – appropriate order for costs when neither party wholly successful – where applicants partially successful in principal application – where respondents partially successful in cross-claim

Legislation: Federal Court of Australia Act 1976 (Cth) s 43

Cases cited: Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107 cited Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 3) [2007] FCAFC 119 cited Dias Aluminium Products Pty Ltd v Ullrich Aluminium Pty Ltd (No 2) (2005) 225 ALR 569; [2005] FCA 1400 cited Dodds Family Investments Pty Ltd (formerly Solar Tint Pty Ltd) v Lane Industries Pty Ltd (1993) 26 IPR 261 cited Hughes v Western Australian Cricket Association Inc (1986) ATPR 40-748 cited Kosciuszko Thredbo Pty Limited v ThredboNet Marketing Pty Limited (No 2) [2013] FCA 609 cited Roadshow Films Pty Ltd v iiNet Ltd (No 4) (2010) 269 ALR 606 at 610–613; [2010] FCA 645 cited Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 cited