JBS Australia Pty Ltd v Australian Meat Group Pty Ltd (No 2) [2017] FCA 1611

FEDERAL COURT OF AUSTRALIA

JBS Australia Pty Ltd v Australian Meat Group Pty Ltd (No 2) [2017] FCA 1611 File number(s): QUD 1163 of 2015

Judge(s): GREENWOOD J

Date of judgment: 22 December 2017

Catchwords: INTELLECTUAL PROPERTY – consideration of the orders to be made in disposition of the costs of the principal proceeding

Legislation: Federal Court of Australia Act 1976 (Cth), ss 43(2), 43(3) Federal Court Rules 2011 (Cth), rr 1.32, 1.33, 1.34, 25.14, 40.02

Cases cited: Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52 JBS Australia Pty Ltd v Australian Meat Group Pty Ltd [2017] FCA 1421 Yanner v Eaton (1999) 201 CLR 351

Date of hearing: 21 December 2017

Date of last submissions: 21 December 2017

Registry: Queensland

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Trade Marks

Category: Catchwords

Number of paragraphs: 35

Counsel for the Applicant: Mr D Shavin QC and Mr A M Musgrave

Solicitor for the Applicant: Bennett & Philp Lawyers

Counsel for the Respondent: Mr E J C Heerey QC and Mr B Gardiner

Solicitor for the Respondent: Holding Redlich

ORDERS QUD 1163 of 2015

BETWEEN: JBS AUSTRALIA PTY LTD (ACN 011 062 338) Applicant

AND: AUSTRALIAN MEAT GROUP PTY LTD (ACN 168 396 316) Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 22 DECEMBER 2017

THE COURT ORDERS THAT:

1. The respondent pay the applicant's costs of and incidental to the proceeding including reserved costs to be taxed or otherwise agreed. 2. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.