Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
W. Win Engineering Pty Ltd v Wiggins [2016] FCA 967 File number: NSD 346 of 2016
Judge: KATZMANN J
Date of judgment: 17 August 2016
Catchwords: COSTS — application for leave to file a notice of discontinuance and for respondent to pay applicant's costs in a specified sum — respondent allegedly engaged in misleading or deceptive conduct, passing off and trade mark infringement — proceeding commenced after respondent failed to comply with signed undertakings — whether conduct of both parties reasonable or whether respondent's conduct unreasonable — whether applicant would almost certainly have succeeded
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) rr 26.12, 26.12(2), 26.12(7), 40.02(a), Sch 1
Cases cited: Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 Frankenburg v Famous Lasky Film Service, Ltd [1931] 1 Ch 428 Lo v Australian Community Pharmacy Authority [2013] FCA 639 One.Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548 Re The Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Société Anonyme Pêcheries Ostendaises v Merchants' Marine Insurance Co [1928] 1 KB 750 State of Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174
Date of hearing: Determined on the papers
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
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