Recent Cases

RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd (No 2) [2024] FCAFC 92 (11 July 2024) (Nicholas, Burley and Hespe JJ)


Catchwords:


COSTS – application for variation to costs orders – appropriate order as to costs – where appellants failed to establish trade mark infringement at trial and on appeal but successful in resisting validity challenge – where respondent’s validity arguments raised only in response to infringement case – where appellants successful in demonstrating appealable error – whether costs awarded to the appellants should be discounted – current apportionment appropriate