Redken Laboratories (Aust) Pty Limited v Docker [No 2]

Redken Laboratories (Aust) Pty Limited (the appellant) sought to amend consent orders made in the Supreme Court of New South Wales. The respondent was Docker. The dispute concerned the costs of the trial.

The primary legal issue before the Court of Appeal was whether to amend the existing consent orders to include an order for the appellant to pay the respondent's costs of the trial.

Sheller JA considered the nature of consent orders and the circumstances under which they might be amended. His Honour noted that consent orders are typically a reflection of an agreement between the parties and are not usually subject to alteration by the court unless there are exceptional circumstances or a clear error. However, in this instance, the parties had agreed to the terms of the consent orders, which included a specific provision regarding costs. The court's role was to give effect to that agreement.

The Court of Appeal ordered that order 10 of the consent orders be amended by the addition of the words ‘and pay the appellant its costs of the trial’.