Federal Court of Australia
Federal Court of Australia
Derrimut Health & Fitness Pty Ltd v Revival 24:7 Gym Pty Ltd (No 2) [2020] FCA 1581 File number(s): VID 1217 of 2019
Judgment of: ANDERSON J
Date of judgment: 22 October 2020
Date of publication of reasons: 30 October 2020
Catchwords: PRACTICE AND PROCEDURE – application for default judgment – no defence or notice of address for service filed – default by respondent – satisfied of claim to relief – exercise of discretion in favour of granting relief COSTS – lump sum costs – whether appropriate to make a lump sum costs order – lump sum costs order made COSTS – indemnity costs – whether appropriate to make an indemnity costs order – no order for indemnity costs – not satisfied that respondent's conduct warrants indemnity costs order – costs ordered on a party-party basis
Legislation: Competition and Consumer Act 2010 (Cth), Schedule 2, Australian Consumer Law, s 232 Copyright Act 1968 (Cth), ss 32, 115(2) Federal Court of Australia Act 1976 (Cth), s 37M Trade Marks Act 1995 (Cth), s 126(1)(a) Federal Court Rules 2011 (Cth), rr 5.02, 5.21(d), 5.22(a), 5.22(c), 5.22(d), 5.23(2), 8.21(1)(g), 11.02, 11.06, 40.02(a), 40.02(b)
Cases cited: AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Black & Decker (Australasia) Pty Ltd v GMCA Pty Ltd [2007] FCA 1623 Chamberlain Group, Inc v Giant Alarm System Co, Ltd (No 2) [2019] FCA 1606 Colgate-Palmolive Company v Cussons Pty Ltd [1993] FCA 801 De Brett Seafood Pty Ltd v Qantas Airways Ltd (No 7) [2015] FCA 979 Derrimut Health & Fitness Pty Ltd v Revival 24:7 Gym Pty Ltd [2019] FCA 1988 Dowling v Fairfax Media Publications Pty Ltd (No 2) [2010] FCAFC 28 LFDB v MS SM (No 2) [2018] FCA 2062 Macushla Pty Ltd (Trading as Sunnytop Bakery Ciabatta Della Nonna) v El Souki [2019] FCA 643 Saizeriya Co Ltd v Peregrine Management Group Pty Ltd [2005] FCA 1174 Speedo Holdings B.V. v Evans (No 2) [2011] FCA 1227 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu (a Firm) [2016] FCAFC 2 Tytane Pty Ltd v Lyons [2017] FCA 1602
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