McD Asia Pacific LLC v Hungry Jack's Pty Ltd (No 2) [2024] FCA 299

McD Asia Pacific LLC v Hungry Jack's Pty Ltd (No 2) [2024] FCA 299

Given the overlapping nature of the proceedings and the greater significance of the trade mark claims (in which Hungry Jack's was entirely successful), it is appropriate for McDonald's to pay 70% of Hungry Jack's costs, to be paid in a lump sum if not otherwise agreed.

Jurisdiction
Australia
Judgment Date
27 March 2024
Procedural Posture
Costs Determination / Post Trial, Costs Orders Following Judgment
Outcome
Applicants to pay 70% of Respondent's costs.
Legal Topics
['trade Marks' 'costs' 'discretion as to Costs']
['intellectual Property'] ['trade Marks' 'costs' 'discretion as to Costs']

Case Brief

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Procedural Posture

Costs Determination / Post Trial, Costs Orders Following Judgment

Legal Issues

  1. 1 ['Appropriate costs order following mixed success in trade mark and ACL litigation' 'Whether costs should be apportioned by claim or as a single event' 'Application of r 40.02(b) of the Federal Court Rules 2011 (Cth)']

Ratio Decidendi

Given the overlapping nature of the proceedings and the greater significance of the trade mark claims (in which Hungry Jack's was entirely successful), it is appropriate for McDonald's to pay 70% of Hungry Jack's costs, to be paid in a lump sum if not otherwise agreed.

Court Disposition

Applicants to pay 70% of Respondent's costs.

Orders

  • ['The Applicants pay 70% of the costs of the proceedings.' 'Pursuant to r 40.02(b) of the Federal Court Rules 2011 (Cth), the costs referred to in Order 1 be paid to the Respondent in a lump sum.' 'If the parties do not agree within 30 days of these Orders on the amount of the lump sum to be paid, the matter be...