Polo/Lauren Company L.P. v Ziliani Holdings Pty Ltd (No 2) [2009] FCAFC 5

Polo/Lauren Company L.P. v Ziliani Holdings Pty Ltd (No 2) [2009] FCAFC 5

The application to set aside the original costs order was refused because the underlying design/copyright issue was not determined and relevant conclusions were only obiter dicta; the appellant did not succeed on all essential issues; there was no basis to disturb the costs order, and there were no special...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 February 2009
Procedural Posture
Appeal / Application to Vary Costs Order After Appeal Judgment
Outcome
Application to vary the costs order refused.
Legal Topics
['costs Orders' 'copyright Infringement' 'design/copyright Overlap' 'appeal Procedure']
['intellectual Property Law' 'civil Procedure'] ['costs Orders' 'copyright Infringement' 'design/copyright Overlap' 'appeal Procedure']

Source-derived case record

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Procedural Posture

Appeal / Application to Vary Costs Order After Appeal Judgment

Legal Issues

  1. 1 ["Whether the trial judge's original order that the appellant pay the respondent's costs should be set aside" 'Effect of obiter dicta on costs determination' 'Whether procedural deficiency prevents Court from entertaining the application' 'Whether there are special circumstances to depart from the general rule that costs follow the event']

Ratio Decidendi

The application to set aside the original costs order was refused because the underlying design/copyright issue was not determined and relevant conclusions were only obiter dicta; the appellant did not succeed on all essential issues; there was no basis to disturb the costs order, and there were no special circumstances to warrant a departure from the general rule that costs follow the event.

Court Disposition

Application to vary the costs order refused.

Orders

  • ['The application for the variation of the orders of 18 December 2008 be refused.']