Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Best & Less Pty Ltd v Divergent Technologies Pty Ltd [2002] FCAFC 171
COSTS – complex commercial litigation involving four cross-claims – appeal on contractual issue previously upheld upon footing that no contractual relationship relevantly existed – whether proceedings on statement of claim on cause of action for misleading and deceptive conduct should continue in relation to assessment of damages notwithstanding failure of proceedings on the same statement of claim for breach of contract – appropriate orders to be made as to costs of proceedings on statement of claim and the four cross-claims.
Trade Practices Act 1974 (Cth) ss 51A and 52 Fair Trading Act 1987 (NSW) ss 41 and 42 Federal Court of Australia Act 1976 (Cth) subs 43(2) Federal Court Rules O 6 r 8 Winterton Constructions Pty Ltd v Hambros Australia Ltd (1992) 39 FCR 97 cited Lam v Ausintel Investments Australia Pty Ltd (1989) 97 FLR 458 referred to Lackersteen v Jones (1988) 93 FLR 442 referred to Hughes v Western Australian Cricket Association (Inc) & Ors (1986) 8 ATPR 48,134 referred to BEST & LESS PTY LTD v DIVERGENT TECHNOLOGIES PTY LTD N 375 OF 2001 HILL, WHITLAM and CONTI JJ 7 JUNE 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 375 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: BEST & LESS PTY LTD (ACN 003 724 696)
FIRST APPELLANT
PEPKOR LIMITED (RN 65/077/6506)
SECOND APPELLANT
CAREL STASSEN
THIRD APPELLANT
IAIN DAVID MacDONALD
FOURTH APPELLANT
AND: DIVERGENT TECHNOLOGIES PTY LTD
FIRST RESPONDENT
GINGER MAX (AUSTRALIA) PTY LIMITED (ACN 055 035 955)
SECOND RESPONDENT
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