Blow Bar Co Pty Limited v McGann (No 2) [2018] FCA 459

FEDERAL COURT OF AUSTRALIA

Blow Bar Co Pty Limited v McGann (No 2) [2018] FCA 459 File number: NSD 1896 of 2017

Judge: ROBERTSON J

Date of judgment: 6 April 2018

Catchwords: COSTS – successful application by respondents to strike out certain paragraphs of the statement of claim – whether costs should be ordered on an indemnity basis

Cases cited: Blow Bar Co Pty Limited v McGann [2018] FCA 293 Gaffney v RSM Bird Cameron Partners (a Firm) (No 2) [2013] FCA 945

Date of hearing: Determined on the papers

Date of last submissions: 4 April 2018

Registry: New South Wales

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Copyright and Industrial Designs

Category: Catchwords

Number of paragraphs: 13

Counsel for the Applicants: Mr R Notley

Solicitor for the Applicants: David Hand Solicitor

Counsel for the Respondents: Ms R White

Solicitor for the Respondents: K&L Gates

ORDERS NSD 1896 of 2017

BETWEEN: BLOW BAR CO PTY LIMITED First Applicant

LEIGH DOLE PTY LIMITED AS TRUSTEE FOR THE DOLE FAMILY TRUST Second Applicant

AND: TIMOTHY MCGANN First Respondent

TIMOTHY MCGANN AS TRUSTEE FOR THE MCGANN FAMILY TRUST Second Respondent

TNCD PTY LIMITED Third Respondent

JUDGE: ROBERTSON J DATE OF ORDER: 6 APRIL 2018

THE COURT ORDERS THAT:

1. The applicants pay the respondents' costs of and incidental to the interlocutory application as amended and filed on 14 February 2018, excluding costs in relation to that part of the interlocutory application which concerned security for costs, on the ordinary basis. Those costs include 80% of the respondents' costs of the case management hearing on 7 February 2018 and 80% of the respondents' costs of the case management hearing on 14 February 2018. 2. The costs of the first case management hearing on 6 December 2017 are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.