Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 9) [2008] FCA 1115

Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 9) [2008] FCA 1115

Applicant Cadbury is not entitled to costs of argument on admissibility or duplicated final submissions; respondent Darrell Lea is entitled to costs as specified, including indemnity costs for preparation to meet late-filed evidence, except for costs relating to Mr Hall which are allowed on party and party basis.

Jurisdiction
Australia
Judgment Date
31 July 2008
Procedural Posture
Civil / Post Remittal Costs Determination
Outcome
Applicant to pay respondent's costs as ordered; respondent successful on costs issues.
Legal Topics
['passing Off' 'misleading and Deceptive Conduct' 'admissibility of Evidence' 'costs on Party and Party and Indemnity Basis']
['intellectual Property' 'trade Practices' 'costs'] ['passing Off' 'misleading and Deceptive Conduct' 'admissibility of Evidence' 'costs on Party and Party and Indemnity Basis']

Case Brief

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Procedural Posture

Civil / Post Remittal Costs Determination

Legal Issues

  1. 1 ['Entitlement to costs for argument on admissibility of expert evidence' 'Entitlement to costs for allegedly duplicated final submissions' 'Entitlement to costs for preparation of expert witness not called']

Ratio Decidendi

Applicant Cadbury is not entitled to costs of argument on admissibility or duplicated final submissions; respondent Darrell Lea is entitled to costs as specified, including indemnity costs for preparation to meet late-filed evidence, except for costs relating to Mr Hall which are allowed on party and party basis.

Court Disposition

Applicant to pay respondent's costs as ordered; respondent successful on costs issues.

Orders

  • ["Applicant to pay respondent's costs of the proceeding including reserved costs on a party and party basis." "Applicant to pay on an indemnity basis respondent's costs of preparing to meet the evidence excluded by the ruling made on 21 March 2006 as well as respondent's costs of preparing to meet the evidence of...