Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moroccanoil Israel Ltd v Aldi Foods Pty Ltd (No 2) [2017] FCA 1393 File numbers: NSD 613 of 2015 NSD 1297 of 2015
Judge: KATZMANN J
Date of judgment: 29 November 2017
Catchwords: COSTS — where applicant only successful in part of its claim — whether applicant should pay the respondents' costs of that part which failed — whether applicant should pay all the respondents' costs on an indemnity or ordinary basis after interdependent offers of compromise not accepted — application for indemnity costs pursuant to r 25.14 of the Federal Court Rules 2011 (Cth) — where requirements of the rule not made out — whether in those circumstances offers of compromise can and should be taken into account — application for an order that costs be paid in a lump sum — referral to registrar for determination of amount
Legislation: Federal Court of Australia Act 1976 (Cth), ss 35A(1), 43 Federal Court Rules 2011 (Cth), rr 1.37, 3.01, 25.01, 25.14, 40.02(b), 40.03, sch 2 item 221
Cases cited: Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107 Cretazzo v Lombardi (1975) 13 SASR 4 DSE (Holdings) Pty Limited v InterTAN Inc [2004] FCA 1251 Grbavac v Hart [1997] 1 VR 154 Hockey v Fairfax Media (No 2) [2015] FCA 750 Hughes v Western Australian Cricket Association Inc (1986) ATPR ¶40–748 Les Laboratoires Servier v Apotex Pty Ltd (2016) 247 FCR 61 Moroccanoil Israel Ltd v Aldi Foods Pty Ltd [2017] FCA 823 Oshlack v Richmond River Council (1998) 193 CLR 72 Ruaro v Ferrari [2008] FCA 307 Specsavers Pty Ltd v The Optical Superstore Pty Ltd (2012) 208 FCR 78 Specsavers Pty Ltd v The Optical Superstore Pty Ltd (No 4) [2012] FCA 652 Thiess v TCN Channel Nine Pty Ltd (No 5) [1994] 1 Qd R 156
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