REDKEN LABORATORIES (AUST) PTY LIMITED v DOCKER & ANOR [NO 2] [2000] NSWCA 235

REDKEN LABORATORIES (AUST) PTY LIMITED v DOCKER & ANOR [NO 2] [2000] NSWCA 235

Redken's appeal against the verdict in favour of the plaintiff had no real prospect of success and was not reasonable; therefore, Achievement Concepts Pty Limited is not required to indemnify Redken for the costs Redken was required to pay the plaintiff or for its own costs of the appeal. Achievement is ordered to pay Redken's costs of the trial additional to the costs of its cross-claim.

Jurisdiction
Australia
Judgment Date
07 September 2000
Procedural Posture
Appeal / Costs Determination Following Prior Judgment and Consent Orders
Outcome
Order made to amend consent order to require Achievement Concepts Pty Limited to pay Redken Laboratories (Aust) Pty Limited its costs of the trial additional to the costs of its cross-claim; no order as to other costs issues.
Legal Topics
['costs' 'indemnity']
['civil Procedure'] ['costs' 'indemnity']

Case Brief

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Procedural Posture

Appeal / Costs Determination Following Prior Judgment and Consent Orders

Legal Issues

  1. 1 ["Whether Achievement Concepts Pty Limited should pay Redken Laboratories (Aust) Pty Limited's costs of the trial additional to the costs of its cross-claim" 'Whether Achievement should indemnify Redken for the costs Redken is ordered to pay the plaintiff arising from the appeal' "Whether Achievement should pay Redken's own costs of its appeal against the plaintiff"]

Ratio Decidendi

Redken's appeal against the verdict in favour of the plaintiff had no real prospect of success and was not reasonable; therefore, Achievement Concepts Pty Limited is not required to indemnify Redken for the costs Redken was required to pay the plaintiff or for its own costs of the appeal. Achievement is ordered to pay Redken's costs of the trial additional to the costs of its cross-claim.

Court Disposition

Order made to amend consent order to require Achievement Concepts Pty Limited to pay Redken Laboratories (Aust) Pty Limited its costs of the trial additional to the costs of its cross-claim; no order as to other costs issues.

Orders

  • ["Amend order 10 of the consent orders by the addition of the words 'and pay the appellant its costs of the trial additional to the costs of its cross-claim'"]