Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 5) [2006] FCA 850

Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 5) [2006] FCA 850

Indemnity costs were not justified for the whole proceeding; however, respondent should be awarded indemnity costs for expenses incurred in preparing to meet late filed evidence not filed in accordance with court directions.

Jurisdiction
Australia
Judgment Date
06 July 2006
Procedural Posture
Civil / Costs Application Post Trial
Outcome
Applicant ordered to pay respondent's costs of proceeding on party and party basis with indemnity basis for costs incurred responding to late evidence.
Legal Topics
['costs' 'indemnity Costs' 'party and Party Costs' 'passing Off' 'trade Practices Act' 'colour Marks']
['commercial Law' 'trade Practices' 'intellectual Property'] ['costs' 'indemnity Costs' 'party and Party Costs' 'passing Off' 'trade Practices Act' 'colour Marks']

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Procedural Posture

Civil / Costs Application Post Trial

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded to the respondent for the whole proceeding or in respect of late filed evidence' 'Whether features such as discontinuance, late filing, exclusion of evidence, and non-compliance with practice notes justify indemnity costs']

Ratio Decidendi

Indemnity costs were not justified for the whole proceeding; however, respondent should be awarded indemnity costs for expenses incurred in preparing to meet late filed evidence not filed in accordance with court directions.

Court Disposition

Applicant ordered to pay respondent's costs of proceeding on party and party basis with indemnity basis for costs incurred responding to late evidence.

Orders

  • ["Applicant to pay respondent's costs of the proceeding, including reserved costs, on a party and party basis." "Applicant to pay respondent's costs of preparation to meet evidence not filed in accordance with court directions on 21 September 2005 (including John Hall affidavit) on an indemnity basis." "Applicant to...