Fuchs Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australasia) Pty Ltd (No 2) [2021] FCAFC 114 (25 June 2021) (Beach, Moshinsky and Thawley JJ)


Catchwords:


PRACTICE AND PROCEDURE – costs – appeal and cross-appeal – where appeal allowed and cross-appeal dismissed – whether, in relation to the appeal and cross-appeal, any basis to depart from the ordinary rule that costs follow the event – whether, in relation to the proceeding at first instance, it was appropriate to discount costs on account of the parties’ success and failure on certain issues

PRACTICE AND PROCEDURE – stay – application for stay pending determination of application for special leave and any appeal to the High Court of Australia – where stay largely unopposed – whether power to stay declaration of patent invalidity – whether appropriate to grant stay in circumstances of present case – stay granted