Patriot Campers Holdings Pty Ltd v Burges [2022] FCA 200

Patriot Campers Holdings Pty Ltd v Burges [2022] FCA 200

There was good reason to depart from the ordinary position on costs because Mr Burges had effectively ignored all communications from the applicants, had taken no substantive steps in the proceedings, and the applicants had taken all reasonable steps to draw the application for discontinuance with no order as to costs to his attention.

Jurisdiction
Australia
Judgment Date
04 March 2022
Procedural Posture
Application for Leave to Discontinue the Proceeding as Against the Third Respondent and to Be Relieved of the Liability to Pay Costs Imposed by R 26.12(7) of the Federal Court Rules 2011 (cth). / Case Management Hearing on 4 March 2022
Outcome
Leave granted to discontinue the proceeding against the third respondent with no order as to costs.
Legal Topics
['discontinuance' 'costs' 'federal Court Rules 2011 (cth) R 26.12' 'leave to Discontinue Proceeding']
['practice and Procedure' 'intellectual Property' 'trade Marks'] ['discontinuance' 'costs' 'federal Court Rules 2011 (cth) R 26.12' 'leave to Discontinue Proceeding']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Discontinue the Proceeding as Against the Third Respondent and to Be Relieved of the Liability to Pay Costs Imposed by R 26.12(7) of the Federal Court Rules 2011 (cth). / Case Management Hearing on 4 March 2022

Legal Issues

  1. 1 ['Whether leave should be granted to the applicants to discontinue the proceeding as against the third respondent.' 'Whether the applicants should be relieved of the liability to pay costs imposed by r 26.12(7) of the Federal Court Rules 2011 (Cth).']

Ratio Decidendi

There was good reason to depart from the ordinary position on costs because Mr Burges had effectively ignored all communications from the applicants, had taken no substantive steps in the proceedings, and the applicants had taken all reasonable steps to draw the application for discontinuance with no order as to costs to his attention.

Court Disposition

Leave granted to discontinue the proceeding against the third respondent with no order as to costs.

Orders

  • ['Leave be granted to the applicants to discontinue the proceeding as against the third respondent.' 'The applicants are relieved of the liability to pay costs imposed by r 26.12(7) of the Federal Court Rules 2011 (Cth).']