Federal Court of Australia
Federal Court of Australia
RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd (No 2) [2021] FCA 1194 File number: NSD 823 of 2021
Judgment of: HALLEY J
Date of judgment: 6 October 2021
Catchwords: COSTS – costs of interlocutory injunction application–where parties each applied for a different costs order than the applicants' costs be costs in the cause – discretionary power to award costs – where applicant successfully obtained injunction – where inappropriate to reserve costs – where no strong prima facie case – existing costs order not to be vacated
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) s 40.04
Cases cited: Ausino International Pty Ltd v Apex Sports [2006] NSWSC 1119 Australian Securities and Investments Commission, in the matter of Whitebox Trading Pty Ltd v Whitebox Trading Pty Ltd (No 2) [2017] FCA 385 Boscolo v TCN Channel Nine Pty Ltd (No 2) (unreported, Supreme Court of New South Wales, Young J, 28 April 1994) Devereaux Holdings Pty Limited v Pelsart Resources NL (No 2) (unreported, Supreme Court of New South Wales, Young J, 24 July 1985) Dincel Construction System Pty Limited v AFS Systems Pty Ltd (No 3) [2017] FCA 919 Eli Lilly and Company v Generic Health Pty Ltd [2013] FCA 1254 His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand v The Macedonian Orthodox Community Church St Petka Incorporated & Anor (No 2) [2007] NSWCA 142 InterPharma Pty Ltd v Hospira, Inc (No 4) [2018] FCA 45 James v Commonwealth Bank of Australia (No 2) [2015] FCA 599 Novartis AG v Hospira Pty Limited (No 2) [2012] FCA 1113 Reckitt Benckiser Healthcare (UK) Ltd v GlaxoSmithKline Australia Pty Ltd (No 2) (2013) 103 IPR 472; [2013] FCA 736 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229; [2001] FCA 1865 Sigma Pharmaceuticals (Australia) Pty Ltd (ACN 004 118 594) v Wyeth (2009) 81 IPR 339; [2009] FCA 595 Summers v Repatriation Commission (No 2) [2015] FCAFC 64 Taylor (liquidator), in the matter of Heading Contractors Pty Ltd (in liq) v Heading (No 2) [2021] FCA 925 Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 28 ALR 201; [1979] FCA 143
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