Federal Court of Australia
Federal Court of Australia
Sunnya Pty Ltd v FPA Group Ltd [2024] FCA 774 File number: NSD 835 of 2020
Judgment of: KATZMANN J
Date of judgment: 17 July 2024
Catchwords: COSTS – where leave granted by consent to discontinue proceeding before trial on condition applicant pay respondents' costs – where statement of claim made allegations tantamount to fraud which were withdrawn and contradicted in amended statement of claim – where respondents alleged that proceeding had no reasonable prospects of success and/or were an abuse of process – whether costs should be paid on an indemnity basis
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M(3), 37N, 43 Trade Marks Act 1995 (Cth) ss 7(3), 17, 20, 27, 88, 120, 126, 228 Federal Court Rules 2011 (Cth) r 40.01
Cases cited: Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2017] FCAFC 56; 345 ALR 205 Aston v Harlee Manufacturing Co (1960) 103 CLR 391 Cirillo v Consolidated Press Property Ltd (formerly known as Citicorp Australia Ltd) (No 2) [2007] FCA 179 E&J Gallo Winery v Lion Nathan (2010) 241 CLR 144 Ferngrove Pharmaceuticals Australia Pty Ltd v HLW Investments Pty Ltd [2020] NSWSC 1137 Food Channel Network Pty Ltd v Television Food Network GP (2010) 185 FCR 9 Hamod v New South Wales [2002] FCA 424; 188 ALR 659 Mediaquest Communications LLC v Registrar of Trade Marks (2012) 205 FCR 205 Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 2) [2017] FCAFC 116 Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd (2017) 251 FCR 379 PKT Technologies Pty Ltd (formerly known as Fairlight.Au Pty Ltd) v Peter Vogel Instruments Pty Ltd [2019] FCAFC 216; 376 ALR 55 Registrar of Trade Marks v Woolworths Ltd (1999) 93 FCR 365 Rodney Jane v Monster Energy Company [2019] FCA 923; 142 IPR 275 Southcorp Brands Pty Ltd v Australia Rush Rich Winery Pty Ltd [2019] FCA 720; 369 ALR 299; 141 IPR 238 Spencer v the Commonwealth (2010) 241 CLR 118 Tomlison v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507 Trident Seafoods Corporation v Trident Foods Pty Ltd [2019] FCAFC 100; 143 IPR 1 Shanahan's Australian Law of Trade Marks and Passing Off (7th ed, Thomson Reuters, 2022)
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