Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
STIHL Pty Ltd v Reggie Bowman Pty Ltd [2023] FCA 1347 File number(s): VID 198 of 2023
Judgment of: BUTTON J
Date of judgment: 3 November 2023
Catchwords: PRACTICE AND PROCEDURE – application for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) – where respondents have failed to file a defence – whether the court is satisfied on the basis of pleaded facts that the applicant is entitled to the relief claimed TRADE MARKS – infringement of registered trade marks – where applicant seeks injunctions to prevent the respondents from continuing to use the registered trade marks in the course of its business – where infringing conduct is flagrant – award of nominal and additional damages under s 126 of the Trade Marks Act 1995 (Cth) COSTS – indemnity costs – where applicant seeks costs against the respondents on an indemnity basis – where the relevant contracts include agreements to pay costs on an indemnity basis in certain circumstances – where the respondents unreasonably rejected a Calderbank offer – where the respondents' conduct of the proceeding has resulted in wasted time and resources – indemnity costs awarded
Legislation: Competition and Consumer Act 2010 (Cth) s 75B, Sch 2 ss 18, 29 Judiciary Act 1903 (Cth) ss 55A, 55B Trade Marks Act 1995 (Cth) ss 6, 26, 120, 126 Federal Court Rules 2011 (Cth) rr 5.22, 5.23 Legal Profession Uniform Law Application Act 2014 (Vic) Sch 1 s 10
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