Federal Court of Australia
Federal Court of Australia
Lobux Pty Ltd v Willshaun Pty Ltd (No 2) [2022] FCA 395 File number(s): QUD 64 of 2020
Judgment of: DOWNES J
Date of judgment: 14 April 2022
Catchwords: COSTS – whether costs should be reduced pursuant to r 40.08(b) Federal Court Rules 2011 (Cth) – whether successful party should be paid a proportion of its costs pursuant to s 43(3)(c) Federal Court of Australia Act 1976 (Cth)
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 s 24 Federal Court of Australia Act 1976 (Cth) ss 37N, 43(3)(c) Federal Court Rules 2011 (Cth) r 40.08(b)
Cases cited: Dutton v Bazzi (No 2) [2021] FCA 1560 Lobux Pty Ltd v Willshaun Pty Ltd [2022] FCA 204 Umoona Tjutagku Health Service Aboriginal Corporation v Walsh (2019) 268 FCR 401; [2019] FCAFC 32
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 29
Date of last submissions: 18 March 2022
Date of hearing: Determined on the papers
Counsel for the Applicant: Ms SK Long
Solicitor for the Applicant: Celtic Legal
Solicitor for the Respondent: Cooper Grace Ward
ORDERS QUD 64 of 2020
BETWEEN: LOBUX PTY LTD ACN 008 032 488 Applicant
AND: WILLSHAUN PTY LTD ACN 077 535 507 Respondent
order made by: DOWNES J DATE OF ORDER: 14 april 2022
THE COURT ORDERS THAT:
1. The respondent pay the applicant's costs of and incidental to the proceedings, including the cross-claim and any reserved costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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