Federal Court of Australia
Federal Court of Australia
Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 4) [2024] FCA 1006 File number(s): VID 330 of 2019
Judgment of: O'BRYAN J
Date of judgment: 3 September 2024
Catchwords: COSTS – application for review of a decision of a Registrar of the Court as to the quantum of costs payable pursuant to a lump sum award – requirement for a de novo hearing on the question of quantum – whether the question of quantum should be referred to an experienced costs lawyer for inquiry and report – relevant considerations
Legislation: Federal Court of Australia Act 1976 (Cth) ss 35A(5) and 37M Federal Court Rules 2011 (Cth) s 28.67
Cases cited: Bechara v Bates (2021) 286 FCR 166 Harris v Caladine (1991) 172 CLR 84 Super Pty Limited (formerly known as Leda Constructions Pty Limited) v SJP Formwork (Aust) Pty Limited (1992) 29 NSWLR 549 Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 3) [2021] FCA 729 Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd [2022] FCAFC 157
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 22
Date of last submission/s: 29 August 2024
Date of hearing: Determined on the papers
Solicitor for the Applicant: K&L Gates
Solicitor for the Respondents: Brand Partners Commercial Lawyers
ORDERS VID 330 of 2019
BETWEEN: SWANCOM PTY LTD ACN 071 212 194 Applicant
AND: THE JAZZ CORNER HOTEL PTY LTD ACN 615 168 968 First Respondent
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