Kraft Foods Group Brands LLC v Bega Cheese Limited (No 7) [2018] FCA 1507

Kraft Foods Group Brands LLC v Bega Cheese Limited (No 7) [2018] FCA 1507

Kraft succeeded on the application relating to confidentiality (No 3) and should have its costs; on the applications relating to subpoenas/Sabre order against a foreign corporation (No 4), neither side succeeded completely, so each should bear their own costs.

Jurisdiction
Australia
Judgment Date
05 October 2018
Procedural Posture
Costs Application Within Proceedings / Post Interlocutory Orders on Subpoenas and Discovery (costs Phase)
Outcome
Mondelez to pay Kraft's costs of and incidental to orders made on 6 July 2018; parties to bear own costs in respect of orders made on 13 July 2018.
Legal Topics
['costs' 'subpoena' 'foreign Corporations' 'sabre Order']
['civil Procedure'] ['costs' 'subpoena' 'foreign Corporations' 'sabre Order']

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Procedural Posture

Costs Application Within Proceedings / Post Interlocutory Orders on Subpoenas and Discovery (costs Phase)

Legal Issues

  1. 1 ['Which party should bear costs of applications made by the applicants against a non-party arising from subpoenas and a Sabre order']

Ratio Decidendi

Kraft succeeded on the application relating to confidentiality (No 3) and should have its costs; on the applications relating to subpoenas/Sabre order against a foreign corporation (No 4), neither side succeeded completely, so each should bear their own costs.

Court Disposition

Mondelez to pay Kraft's costs of and incidental to orders made on 6 July 2018; parties to bear own costs in respect of orders made on 13 July 2018.

Orders

  • ["Mondelez Australia (Foods) Ltd pay the applicants' costs of and incidental to the orders made on 6 July 2018, including the costs of the hearings on 26 June, 2 July and 4 July 2018." 'Mondelez and the applicants bear their own costs of and incidental to the orders made on 13 July 2018, including the costs of the...