Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Herold v Seally (No 3) [2017] FCA 956 File number(s): NSD 2139 of 2016
Judge(s): BROMWICH J
Date of judgment: 18 August 2017
Catchwords: COSTS – application for different costs order following hearing of competing interlocutory applications – where both interlocutory applications dismissed– whether apportionment of costs appropriate on the basis that issues determined were clearly "separable" – whether Calderbank principles applicable
Cases cited: Bostick Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Calderbank v Calderbank [1975] 3 All ER 333 Herold v Seally (No 2) [2017] FCA 543 Specsavers Pty Ltd v Luxottica Retail Australia Pty Ltd (No 2) [2013] FCA 807
Date of hearing: 16 June 2017
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Category: Catchwords
Number of paragraphs: 20
Counsel for the Applicants: Mr M Hall SC
Solicitor for the Applicants: James Beatty & Associates
Counsel for the Respondents: Mr T Di Francesco
Solicitor for the Respondents: Phillips Ormonde Fitzpatrick Lawyers
ORDERS NSD 2139 of 2016
BETWEEN: LARS HEROLD First Applicant
GREEN LIGHT GROUP PTE LTD (SINGAPORE COMPANY REGISTRATION NO 20121505Z) Second Applicant
AND: JONATHON SEALLY First Respondent
PODWAY LTD Second Respondent
JUDGE: BROMWICH J DATE OF ORDER: 18 AUGUST 2017
THE COURT ORDERS THAT:
1. The respondents' application for a different costs order to that made on 19 May 2017 be dismissed. 2. Order 3 made on 19 May 2017 that each party bear their own costs be confirmed. 3. The respondents pay the applicants' costs of and incidental to this application for costs as assessed or agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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