FEDERAL COURT OF AUSTRALIA

Carrick Hill Trust v Andrew Garrett Vineyard Estates Pty Ltd [1999] FCA 1521

CARRICK HILL TRUST v ANDREW GARRETT VINEYARD ESTATES

PTY LIMITED (ACN 076 150 260)

S 63 OF 1999

MANSFIELD J

19 OCTOBER 1999

DARWIN (via video link-up to Adelaide)

REASONS FOR DECISION

1                     This application commenced on 28 July 1999 when the applicant sought against the respondent orders in effect restraining the respondent from using the Carrick Hill logo and to have transferred to the applicant a trademark in the name of the respondent.  The evidence satisfies me that the respondent has acknowledged that the applicant is entitled to the relief which it has claimed.  It has in fact transferred or assigned that mark to the applicant.  In practical terms, the applicant has succeeded in obtaining the relief which it seeks and now seeks no other order from the Court other than costs.

2                     In those circumstances, in my view, it is appropriate to make no order on the application except on the question of costs.  Because of the success of the applicant against the respondent by its acquiescence and by it transferring the mark, it is appropriate that the respondent should pay the applicant its costs of the application to be taxed.  I so order.

3                     Accordingly, the orders are:  No order on the application except that the respondent pay to the applicant its costs of the application to be taxed.

Associate:

Dated:              4 November 1999