Federal Court of Australia
CATCHWORDS
COSTS - application acceded to with no admission as to liability - no adjudication on merits - whether application should recover costs - both parties acted reasonably - no order as to costs. Federal Court of Australia Act 1976 s 43 Gladstone Park Shopping Centre Pty Ltd v Wills (1984) 59 ALR 109 Re Sanchez; Ex parte Smits (1994) 49 FCR 326 Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 Allen v Melville (1890) 12 ALT 5 Hood v Cullen (1885) 6 NSWLR 22 Garwolin Nominees Pty Ltd v Statewide Building Society (1984) VR 469 Siegert v Lawrence (1885) 11 VLR 47 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (28 February 1997, unreported) No SG 16 of 1997 PROTEC PTY LTD v RECONIT & SONS PTY LTD (ACN 076 741 538) and PETER ERNEST AYRES Mansfield J Adelaide 17 April 1997
IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 16 of 1997 ) GENERAL DIVISION ) BETWEEN: PROTEC PTY LTD (ACN 007 857 392) Applicant - and - RECONIT & SONS PTY LTD (ACN 076 741 538) First Respondent - and - PETER ERNEST AYRES Second Respondent MINUTES OF ORDER CORAM: Mansfield J PLACE: Adelaide DATE: 17 April 1997 THE COURT ORDERS THAT:
1. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 16 of 1997 ) GENERAL DIVISION ) BETWEEN: PROTEC PTY LTD (ACN 007 857 392) Applicant - and - RECONIT & SONS PTY LTD (ACN 076 741 538) First Respondent - and - PETER ERNEST AYRES Second Respondent REASONS FOR DECISION CORAM: Mansfield J PLACE: Adelaide DATE: 17 April 1997
The parties have resolved their differences in this matter, but I have, in effect, been asked to rule upon whether the respondents should pay the costs of the proceedings before the Court. The application was to restrain the respondents from using the name "Protec", or from passing off the business of the first respondent as the business of the applicant. The applicant is a manufacturer of paint and paint related products and a
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate