Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2020] FCA 239

Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2020] FCA 239

HAMC was mostly successful in the principal proceeding and the costs orders favour HAMC. The security for costs ($50,000) is to be released, and Redbubble must pay $5,000 in damages as previously ordered. Retaining the security given the net obligations is unreasonable.

Parties
Applicant/cross Respondent: Hells Angels Motorcycle Corporation (Australia) Pty Limited; First Respondent/cross Claimant: Redbubble Limited; Second Respondent/cross Respondent/other: Hells Angels Motorcycle Corporation
Jurisdiction
Australia
Judgment Date
28 February 2020
Procedural Posture
Intellectual Property / Application for Release of Security and Payment of Damages Following Principal and Costs Orders
Outcome
Application granted; security released and damages paid
Legal Topics
Security for Costs, Damages, Costs Orders, Copyright, Commercialisation of Intellectual Property
Intellectual Property Civil Procedure Security for Costs Damages Costs Orders Copyright Commercialisation of Intellectual Property

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Parties

Hells Angels Motorcycle Corporation (Australia) Pty Limited

Applicant/cross Respondent

Redbubble Limited

First Respondent/cross Claimant

Hells Angels Motorcycle Corporation

Second Respondent/cross Respondent/other

Procedural Posture

Intellectual Property / Application for Release of Security and Payment of Damages Following Principal and Costs Orders

Legal Issues

  1. 1 Whether the security for costs in the sum of $50,000 should be released to the applicant
  2. 2 Whether Redbubble should pay HAMC $5,000 in damages awarded in the principal proceeding

Ratio Decidendi

HAMC was mostly successful in the principal proceeding and the costs orders favour HAMC. The security for costs ($50,000) is to be released, and Redbubble must pay $5,000 in damages as previously ordered. Retaining the security given the net obligations is unreasonable.

Court Disposition

Application granted; security released and damages paid

Orders

  • Redbubble Limited to pay Hells Angels Motorcycle Corporation (Australia) Pty Ltd $5,000 as damages within seven days.
  • Release of $50,000 security for costs (provided by HAMC) to applicant's solicitors.