REDKEN LABORATORIES (AUST) PTY LIMITED v DOCKER & ANOR [NO 2] [2000] NSWCA 235

New South Wales Court of Appeal

CITATION : REDKEN LABORATORIES (AUST) PTY LIMITED v DOCKER & ANOR [NO 2] [2000] NSWCA 235 FILE NUMBER(S) : CA 40752/98 HEARING DATE(S) : In Chambers JUDGMENT DATE : 7 September 2000

Redken Laboratories (Aust) Pty Limited - Appellant PARTIES : Natasha Docker - First Respondent Achievement Concepts Pty Limited - Second Respondent JUDGMENT OF : Sheller JA

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT 20797/96 FILE NUMBER(S) : LOWER COURT Hidden J JUDICIAL OFFICER :

P J Deakin QC/A Ventura - Appellant COUNSEL : P Webb QC/D R Conti/D F Kell - First Respondent D J Fagan SC/C M Simpson - Second Respondent Hickson Wisewoulds - Appellant SOLICITORS : McClellands - First Respondent Blake Dawson Waldron - Second Respondent CATCHWORDS : COSTS LEGISLATION CITED : N/A CASES CITED: James Hardie & Coy Pty Ltd v Wyong Shire Council (unreported) [2000] NSWCA 107 DECISION : Amend order 10 of the consent orders by the addition of the words 'and pay the appellantl its costs of the trial'.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40752/98 CL 20797/96 SHELLER JA Thursday, 7 September 2000

REDKEN LABORATORIES (AUST) PTY LIMITED v DOCKER & ANOR [NO 2] JUDGMENT (COSTS)

1 SHELLER JA: On 9 June 2000 the Court published its reasons for judgment in these appeals and ordered that they be stood over for mention before the Registrar on 19 June 2000. On that date orders were made by consent. The result of these orders was: Substituted judgment for the plaintiff [Natasha Docker] against Achievement in the sum of $662,643.40; Substituted judgment for the plaintiff against Redken in the sum of $534,921.60; Redken's appeal against the plaintiff dismissed and Redken to pay the plaintiff's costs of the appeal; Redken's appeal against Achievement allowed and the order dismissing Redken's cross-claim against Achievement set aside; Judgment for Redken on its cross-claim against Achievement in the sum of $534,921.60; Achievement to pay Redken's costs of the cross-claim; Achievement to indemnify Redken for all costs that Redken had to pay the plaintiff of the trial; Achievement to pay Redken's costs of the appeal against Achievement. 2 No order was made for Achievement to pay: · Redken's own costs of the trial (apart from the costs of its cross-claim); · the plaintiff's costs of the appeal which Redken was ordered to pay; or · Redken's own costs of its appeal against the plaintiff.