Federal Court of Australia
Federal Court of Australia
Manolo Blahnik Worldwide Limited v Estro Concept Pty Limited (No 2) [2020] FCA 1821 File number: NSD 609 of 2020
Judgment of: MARKOVIC J
Date of judgment: 18 December 2020
Catchwords: COSTS – application for preliminary discovery pursuant to r 7.22 and r 7.23 of the Federal Court Rules 2011 (Cth) – where prospective applicant had limited success on the application – prospective applicant awarded 30% of its costs
Legislation: Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 2011 (Cth), rr 7.22, 7.23, 7.29(b)
Cases cited: DSE (Holdings) Pty Limited v InterTAN Inc [2004] FCA 1251 MMD Design and Consultancy Limited v Camco Engineering Pty Ltd [2019] FCA 1803 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (No 2) [2019] FCA 657
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 21
Date of hearing: Determined on the papers
Date of last submissions: 12 November 2020 (Prospective Applicant) 26 November 2020 (Prospective Respondent)
Counsel for the Prospective Applicant: Mr C McMeniman
Solicitor for the Prospective Applicant: DLA Piper Australia
Counsel for the Prospective Respondent: Mr A D B Fox
Solicitor for the Prospective Respondent: ClarkeKann Lawyers
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