Federal Court of Australia
Federal Court of Australia
McD Asia Pacific LLC v Hungry Jack's Pty Ltd (No 2) [2024] FCA 299 File number(s): NSD 967 of 2020
Judgment of: BURLEY J
Date of judgment: 27 March 2024
Catchwords: COSTS – discretion as to costs – consideration and determination of percentages – lump sum costs orders made pursuant to r 40.02(b) of the Federal Court Rule 2011 (Cth) – if not agreed, amounts to be determined by a Registrar of the Court
Legislation: Federal Court Rules 2011 (Cth) r 40.02(b)
Cases cited: Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (No 2) [2018] FCAFC 7 McD Asia Pacific LLD v Hungry Jack's Pty Ltd [2023] FCA 1412 Phonographic Performance Company of Australia Limited v Copyright Tribunal of Australia (Costs) [2019] FCAFC 192
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 9
Date of last submission/s: 9 February 2024
Date of hearing: 5-8 December 2022
Counsel for the Applicants: Mr C Dimitriadis with Ms E E Whitby
Solicitor for the Applicants: Spruson & Ferguson Lawyers
Counsel for the Respondent: Ms S J Goddard with Ms B Oliak
Solicitor for the Respondent: Addisons Lawyers
ORDERS NSD 967 of 2020
BETWEEN: MCD ASIA PACIFIC LLC First Applicant
MCDONALD'S AUSTRALIA LIMITED Second Applicant
AND: HUNGRY JACK'S PTY LTD Respondent
AND BETWEEN: HUNGRY JACK'S PTY LTD Cross-Claimant
AND: MCD ASIA PACIFIC LLC Cross-Respondent
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