Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chhabra v McPherson as Trustee for the McPherson Practice Trust (No 2) [2019] FCA 448 File number: NSD 45 of 2017
Judge: YATES J
Date of judgment: 3 April 2019
Catchwords: COSTS – application by respondents for award of indemnity costs – offer of compromise made by respondents and rejected by applicants – applicants' rejection of offer unreasonable – where respondents brought and unilaterally discontinued cross-claim
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 18 and 29(1)(h) Copyright Act 1968 (Cth), s 196 Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 2011, rr 25.01, 25.14
Cases cited: Calderbank v Calderbank [1975] 3 All ER 333 Chhabra v McPherson as Trustee for the McPherson Practice Trust [2018] FCA 1755 Fyna Foods Australia Pty Ltd v Cobannah Holdings Pty Ltd (No 2) [2004] FCA 1212
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Category: Catchwords
Number of paragraphs: 43
Counsel for the Applicants: Mr M Green SC and Ms R White
Solicitor for the Applicants: K & L Gates
Counsel for the Respondents: Mr A Crowe QC and Mr B Gardiner
Solicitor for the Respondents: DWF Australia
ORDERS NSD 45 of 2017
BETWEEN: SUNIL LAL CHHABRA First Applicant
KIRAN CHANDRA RAMRAKHA Second Applicant
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