Federal Court of Australia
Federal Court of Australia
F45 Training Pty Ltd v Body Fit Training Company Pty Ltd [2020] FCA 1816 File number: NSD 1795 of 2019
Judgment of: NICHOLAS J
Date of judgment: 17 December 2020
Catchwords: COSTS – where applicant's claim for declaratory relief made by way of interlocutory application effectively abandoned – whether costs should follow the event – applicant to pay respondents' costs of interlocutory application
Cases cited: Commonwealth v Sanofi (formerly Sanofi-Aventis) [2017] FCA 382 Crown Resorts Limited v Zantran Pty Ltd [2020] FCAFC 1
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 10
Date of hearing: 28 October 2020
Date of last submissions: 27 November 2020
Counsel for the Applicant/Cross-Respondent: Ms C L Cochrane
Solicitor for the Applicant/Cross-Respondent: Baker McKenzie
Counsel for the Respondents/Cross-Claimant: Mr R Cobden SC with Ms L Thomas and Mr E Thompson
Solicitor for the Respondents/Cross-Claimant: MinterEllison – Gold Coast
ORDERS NSD 1795 of 2019
BETWEEN: F45 TRAINING PTY LTD (ACN 162 731 900) Applicant
AND: BODY FIT TRAINING COMPANY PTY LTD
(ACN 622 444 008) First Respondent
BODY FIT TRAINING SOUTH YARRA PTY LTD (and others named in the Schedule) Second Respondent
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