Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
B&K Holdings (Qld) Pty Ltd v Garmin Australasia Pty Ltd (No 2) [2019] FCA 925 File number(s): QUD 66 of 2018
Judge(s): DERRINGTON J
Date of judgment: 20 June 2019
Catchwords: COSTS – costs of summary judgment application – whether "usual rule" ought be that costs be in the cause
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: B & K Holdings Pty (Qld) Pty Ltd v Garmin Australasia Pty Ltd [2019] FCA 64 J & A Vaughan Super Pty Ltd (Trustee) v Becton Property Group Ltd (No 4) [2015] FCA 218 Whitehall Holdings Pty Ltd v Custom Credit Corporation Ltd (unreported, Supreme Court of Western Australia, Ipp, Pidgeon and Owen JJ, 19 June 1992)
Date of hearing: Determined on the papers
Date of last submissions: 26 March 2019
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Economic Regulator, Competition and Access
Category: Catchwords
Number of paragraphs: 10
Counsel for the Applicant: Mr MD Martin QC
Solicitor for the Applicant: Mills Oakley
Counsel for the Respondent: Ms RCA Higgins SC, with Mr PJ Strickland
Solicitor for the Respondent: Herbert Smith Freehills
ORDERS QUD 66 of 2018
BETWEEN: B & K HOLDINGS (QLD) PTY LTD ACN 092 133 858 Applicant
AND: GARMIN AUSTRALASIA PTY LTD ACN 129 153 448 Respondent
JUDGE: DERRINGTON J DATE OF ORDER: 20 JUNE 2019
THE COURT ORDERS THAT:
1. The costs of and incidental to the respondent's application dated 17 May 2018 incurred on or after 28 June 2018 be each party's costs in the cause. 2. The costs of and incidental to the applicant's application to amend dated 11 September 2018 be each party's costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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