Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Dempsey Group Pty Ltd v Spotlight Pty Ltd (No 3) [2019] FCA 519 File number: VID 41 of 2017
Judge: DAVIES J
Date of judgment: 17 April 2019
Catchwords: COSTS – exercise of costs discretion under s 43 of the Federal Court of Australia Act 1976 (Cth) – where applicant only partially successful at trial – where applicant's key witness lacked credibility – where respondent's pre-trial offers of settlement were for value greater than damages awarded – where damages substantially less than sought – partial reduction in costs appropriate – whether costs should be reduced substantially pursuant to r 40.08 of the Federal Court Rules 2011 (Cth) – choice of court was appropriate
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Commissioner of Taxation v AusNet Transmission Group Pty Ltd (No 2) [2015] FCAFC 124 Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52; [2007] HCA 56 Hughes v Western Australian Cricket Association (Inc) [1986] FCA 511 Magenta Nominees Pty Ltd v Richard Ellis (Western Australia) Pty Ltd [1994] FCA 302 Shord v Commissioner of Taxation (No 2) [2018] FCAFC 27 Umoona Tjutagku Health Service Aboriginal Corporation v Walsh [2019] FCAFC 32 Wu v Li [2015] FCAFC 109
Date of hearing: 11 April 2019
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
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