Laminar Air Flow Pty Ltd v Registrar of Trade Marks (No 2)

Laminar Air Flow Pty Ltd, the plaintiff, appealed against the Registrar of Trade Marks, the defendant, concerning the awarding of costs in a lump sum. The matter was heard in the Federal Court of Australia. The plaintiff sought to have the costs awarded in a lump sum, instead of being taxed, and for the Registrar to determine the quantum of the costs. The defendant, the Registrar of Trade Marks, did not contest the principle of awarding costs in a lump sum but argued that the quantum should be determined by the court rather than the Registrar.

The central legal issue was whether the costs should be awarded in a lump sum and, if so, who should determine the quantum of those costs. The plaintiff argued that the costs should be awarded in a lump sum as per r 40.02(b) of the Federal Court Rules 2011 (Cth) and that the Registrar should determine the quantum. The defendant, while not opposing the lump sum principle, contended that the quantum should be determined by the court rather than the Registrar.

The court held that the costs should indeed be awarded in a lump sum as per r 40.02(b) of the Federal Court Rules 2011 (Cth). The court found that there were no compelling reasons to depart from this rule and that the Registrar was the appropriate officer to determine the quantum of the costs. The court directed the Registrar to determine the quantum of the plaintiff's costs in the manner deemed fit, including, if appropriate, on the papers. The court also directed the Registrar to order the defendant to pay the determined sum within 28 days of the conclusion of the process. The plaintiff was required to file and serve any evidence upon which it intended to rely before the Registrar, and the defendant was to do the same within a further 21 days.