Federal Court of Australia
Federal Court of Australia
Redbubble Ltd v Hells Angels Motorcycle Corporation (Australia) Pty Limited [2021] FCA 1467 Appeal from: Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Ltd (No 2) [2021] FCA 1246
File number: QUD 341 of 2021
Judgment of: MCKERRACHER J
Date of judgment: 23 November 2021
Catchwords: APPEAL AND NEW TRIAL – exercise of the power under s 25(2B)(b) of the Federal Court of Australia Act 1976 (Cth) by a single Judge to dispose of an appeal by consent – preconditions to the exercise of the power – requisite level of satisfaction of existence of appellable error in the primary judgment – whether the Court must be satisfied as to the existence of appellable error or only that it is arguable that appellable error is present COSTS – costs of successful application for leave to appeal – where application for leave was contested but the appeal is then allowed by consent
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1A), 25(2)(a), 25(2B)(b) Federal Court Rules 2011 (Cth) rr 39.05(f), 39.11
Cases cited: Allesch v Maunz (2000) 203 CLR 172 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Bradken Ltd v Norcast S.ár.L [2013] FCAFC 123; (2013) 219 FCR 101 Citigroup Pty Ltd v Mason [2008] FCAFC 151; (2008) 171 FCR 96 Comcare v Stefaniak [2020] FCA 560 Commonwealth Bank of Australia v Walker [2012] FCAFC 68 Davaria Pty Limited v 7-Eleven Stores Pty Limited [2021] FCA 450 Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble [2021] FCA 1090 Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Ltd (No 2) [2021] FCA 1246 Luck v Chief Executive Officer of Centrelink [2015] FCAFC 75 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm), in the matter of Tamaya Resources Limited (in liq) [2015] FCA 1098 Telstra Corporation Ltd v Minister for Broadband, Communications and the Digital Economy [2008] FCAFC 7; (2008) 166 FCR 64
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