Federal Court of Australia
Federal Court of Australia
Taxiprop Pty Ltd v Neutron Holdings Inc (No 3) [2021] FCA 274 File number(s): NSD 2420 of 2018
Judgment of: O'CALLAGHAN J
Date of judgment: 24 March 2021
Catchwords: COSTS – whether costs should be split between claim and cross-claims – costs of claim and cross-claims to be determined together – discount for applicant's partial success and for costs thrown away by respondents – respondents awarded 90% of costs of claim and cross-claims
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Trade Marks Act 1995 (Cth) ss 101, 120(1), 120(2) Federal Court Rules 2011 (Cth) rr 25.01, 40.02(b)
Cases cited: EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 92 Gray v Richards (No 2) [2014] HCA 47; 89 ALJR 113 Hood v Bush Pharmacy Pty Ltd (No 2) [2021] FCA 138 Paciocco v Australia and New Zealand Banking Group Ltd (No 2) (2017) 253 FCR 403 Taxiprop Pty Ltd v Neutron Holdings Inc [2020] FCA 1565; 156 IPR 1 Taxiprop Pty Ltd v Neutron Holdings Inc (No 2) [2020] FCA 1822
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 23
Date of last submissions: 3 March 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr TD Cordiner QC with Ms RM White
Solicitor for the Applicant: K&L Gates
Counsel for the Respondents: Mr EJC Heerey QC with Ms F St John
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