Bendigo and Adelaide Bank Limited v Community First Credit Union Limited (No 2) [2021] FCAFC 62

Bendigo and Adelaide Bank Limited v Community First Credit Union Limited (No 2) [2021] FCAFC 62

Bendigo's removal of the court book pagination from Part C of the Appeal Book was done in good faith, was a reasonable attempt to reduce confusion caused by multiple sets of pagination, and was not inconsistent with the overarching purpose in ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth). Even if CFCU was inconvenienced or incurred unnecessary costs, those circumstances did not constitute a basis for indemnity costs.

Jurisdiction
Australia
Judgment Date
27 April 2021
Procedural Posture
Appeal and Application for Leave to Appeal; Costs Application / Determined on the Papers After Full Court Judgment, on Consequential Orders and Indemnity Costs
Outcome
Appeal dismissed; application for leave to appeal dismissed; indemnity costs not awarded; Bendigo ordered to pay CFCU's costs on a party and party basis.
Legal Topics
['trade Marks' 'indemnity Costs' 'appeal Book Preparation' 'overarching Purpose']
['intellectual Property' 'costs'] ['trade Marks' 'indemnity Costs' 'appeal Book Preparation' 'overarching Purpose']

Case Brief

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Procedural Posture

Appeal and Application for Leave to Appeal; Costs Application / Determined on the Papers After Full Court Judgment, on Consequential Orders and Indemnity Costs

Legal Issues

  1. 1 ["Whether Bendigo should pay CFCU's costs incurred between 22 July 2020 and 31 July 2020 in relation to issues associated with the Appeal Book on an indemnity basis." "Whether Bendigo's removal of court book pagination from Part C of the Appeal Book justified a special costs order." "Whether consequential orders should be made notwithstanding CFCU's view that some proposed orders were otiose."]

Ratio Decidendi

Bendigo's removal of the court book pagination from Part C of the Appeal Book was done in good faith, was a reasonable attempt to reduce confusion caused by multiple sets of pagination, and was not inconsistent with the overarching purpose in ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth). Even if CFCU was inconvenienced or incurred unnecessary costs, those circumstances did not constitute a basis for indemnity costs.

Court Disposition

Appeal dismissed; application for leave to appeal dismissed; indemnity costs not awarded; Bendigo ordered to pay CFCU's costs on a party and party basis.

Orders

  • ['NSD 1956 of 2019: The appeal be dismissed.' 'NSD 1956 of 2019: The Register of Trade Marks be rectified by cancelling Australian trade mark registration number 784796 for the words and device "B COMMUNITY BANK" and Australian trade mark registration number 887023 for the words "COMMUNITY BANK".' 'NSD 1956 of 2019:...