Geneva Laboratories Limited v Prestige Premium Deals Pty Ltd (No 5) [2017] FCA 63

FEDERAL COURT OF AUSTRALIA

Geneva Laboratories Limited v Prestige Premium Deals Pty Ltd (No 5) [2017] FCA 63 File number: NSD 344 of 2014

Judge: BROMWICH J

Date of judgment: 3 February 2017

Catchwords: DAMAGES – application for compensatory damages (including reputational damages) and additional damages pursuant to s 115(4) of the Copyright Act 1968 (Cth) and s 126(2) of the Trade Marks Act 1995 (Cth) and exemplary damages – where liability for copyright infringement, trade mark infringement, misleading or deceptive conduct and passing off in relation to counterfeit skin care product was found in earlier default judgment– where effectively unchallenged evidence led from forensic accountant of loss suffered by applicants – where copyright and trade mark infringements were flagrant, deceptive and occurred over a long period of time – where conduct of respondents was uncooperative and obstructive including defiance of Court orders – where substantial need to deter this conduct and similar conduct – held: compensatory damages awarded including an amount for reputational damages – held: additional damages awarded COSTS – application for lump sum costs order in lieu of taxation pursuant to r 40.02(b) of the Federal Court Rules 2011 (Cth) – where costs awarded to applicants in default judgment on liability for copyright and trade mark infringement, misleading or deceptive conduct and passing off – where effectively unchallenged evidence led from costs assessor of reasonableness of amount sought – where evidence showed limited ability of respondents to satisfy costs order – where significant costs were incurred in default judgment proceedings due to respondents' conduct – where taxation would prolong process and impose further burden on applicants without any certainty of recovery from respondents – held: lump sum costs ordered for default judgment and damages hearing costs