Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 4) [2024] FCA 1006

Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 4) [2024] FCA 1006

Given the review under s 35A(5) is a hearing de novo and the parties have not limited issues to be determined, referral of the costs quantum question to an experienced costs lawyer as referee is appropriate to efficiently resolve factual questions of costs; such referral is consistent with the overarching purpose in s 37M of the Act and the Court’s practice of judicial resource management.

Jurisdiction
Australia
Judgment Date
03 September 2024
Procedural Posture
Interlocutory Application Review of Registrar’s Costs Assessment / Orders and Reasons on Review Referral (costs Quantum)
Outcome
Question of quantum of costs referred to experienced costs lawyer for inquiry and report; parties given liberty to make joint application to set aside referral if issues can be narrowed; costs reserved.
Legal Topics
['trade Marks' 'costs' 'de Novo Hearing' 'referral to Referee']
['intellectual Property' 'civil Procedure'] ['trade Marks' 'costs' 'de Novo Hearing' 'referral to Referee']

Case Brief

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Procedural Posture

Interlocutory Application Review of Registrar’s Costs Assessment / Orders and Reasons on Review Referral (costs Quantum)

Legal Issues

  1. 1 ['Whether the quantum of costs assessed by the Registrar should be reviewed by the Court and how the de novo review should be conducted' 'Whether to refer the quantum of costs to an experienced costs lawyer (referee) for inquiry and report' 'Whether referral to a referee aligns with the overarching purpose in s 37M of the Federal Court of Australia Act 1976 (Cth)']

Ratio Decidendi

Given the review under s 35A(5) is a hearing de novo and the parties have not limited issues to be determined, referral of the costs quantum question to an experienced costs lawyer as referee is appropriate to efficiently resolve factual questions of costs; such referral is consistent with the overarching purpose in s 37M of the Act and the Court’s practice of judicial resource management.

Court Disposition

Question of quantum of costs referred to experienced costs lawyer for inquiry and report; parties given liberty to make joint application to set aside referral if issues can be narrowed; costs reserved.

Orders

  • ['Referral of question of costs quantum to an experienced costs lawyer as referee for inquiry and report under Federal Court Rules.' 'Referee to be agreed between parties within 28 days or, failing agreement, appointed by the Registrar.' 'Detailed documentation to be provided to the referee as outlined in the...