Laminar Air Flow Pty Ltd v Registrar of Trade Marks (No 2) [2018] FCA 38

Laminar Air Flow Pty Ltd v Registrar of Trade Marks (No 2) [2018] FCA 38

This is an appropriate case for a lump sum costs order because the matter’s procedural history is straightforward, trial preparation was uncomplicated, and determining a lump sum will be more efficient and fair, with quantum to be determined by a Registrar.

Jurisdiction
Australia
Judgment Date
31 January 2018
Procedural Posture
Intellectual Property Trade Marks / Application for Lump Sum Costs Order Following Substantive Judgment
Outcome
Lump sum costs order made; quantum to be determined by Registrar
Legal Topics
['trade Marks' 'costs' 'lump Sum Assessment']
['intellectual Property'] ['trade Marks' 'costs' 'lump Sum Assessment']

Case Brief

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Procedural Posture

Intellectual Property Trade Marks / Application for Lump Sum Costs Order Following Substantive Judgment

Legal Issues

  1. 1 ['Whether costs should be awarded in a lump sum rather than taxed costs']

Ratio Decidendi

This is an appropriate case for a lump sum costs order because the matter’s procedural history is straightforward, trial preparation was uncomplicated, and determining a lump sum will be more efficient and fair, with quantum to be determined by a Registrar.

Court Disposition

Lump sum costs order made; quantum to be determined by Registrar

Orders

  • ['Costs awarded in lump sum pursuant to r 40.02(b) of Federal Court Rules 2011 (Cth) in a sum to be determined by Registrar' 'Applicant to file and serve any evidence within 21 days' 'Second respondent to file and serve any evidence within a further 21 days' "Registrar to determine quantum of applicant's costs as...