Jujube Australia v Natures Treat Pty Ltd (No 1) [2018] FCA 962

Jujube Australia v Natures Treat Pty Ltd (No 1) [2018] FCA 962

The Second Respondent was found to be evading service, and only appeared after the application for substituted service was filed; it is appropriate that the Second Respondent pay the Applicant's costs for the interlocutory application.

Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Interlocutory Application / Costs Determination
Outcome
Costs awarded to the Applicant against the Second Respondent for the interlocutory application.
Legal Topics
['substituted Service' 'evading Service' 'costs Application']
['civil Procedure' 'intellectual Property'] ['substituted Service' 'evading Service' 'costs Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Costs Determination

Legal Issues

  1. 1 ["Whether the Second Respondent should pay the Applicant's costs for the interlocutory application for substituted service"]

Ratio Decidendi

The Second Respondent was found to be evading service, and only appeared after the application for substituted service was filed; it is appropriate that the Second Respondent pay the Applicant's costs for the interlocutory application.

Court Disposition

Costs awarded to the Applicant against the Second Respondent for the interlocutory application.

Orders

  • ["The Second Respondent pay the Applicant's costs of the interlocutory application for substituted service filed 7 June 2018."]