Federal Court of Australia
Federal Court of Australia
Nagpal v Global Cars Aus Pty Ltd (No 2) [2021] FCA 1300 File number(s): QUD 261 of 2021
Judgment of: DOWNES J
Date of judgment: 25 October 2021
Catchwords: COSTS – proceedings dismissed in circumstances where claims were made which were hypothetical – where certain of the claims were colourable in the sense of being made to fabricate jurisdiction – whether indemnity costs should be awarded – whether costs should be awarded in a lump sum.
Legislation: Federal Court Rules 2011 (Cth) r 40.02
Cases cited: Australian Electoral Commission v Towney (No 2) (1994) 54 FCR 383 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801 Fewin Pty Ltd v Burke (No 3) [2017] FCA 693 Keen v Telstra Corporation Limited (No 2) [2006] FCA 930 Nagpal v Global Cars Aus Pty Ltd [2021] FCA 1226 Randjelovic v Threlfall [2012] FCA 1331 Re Wilcox; Ex Parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151; [1996] FCA 1132 Stefanovski v Digital Central Australia (Assets) Pty Ltd (No 2) [2018] FCAFC 113
Division: General Division
Registry: Queensland
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 28
Date of last submissions: 18 October 2021
Date of hearing: Determined on the papers
Solicitor for the Applicants: Pennisi Zia Lawyers
Counsel for the Respondents: Mr L Merrick
Solicitor for the Respondents: Corrs Chambers Westgarth
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