Fasold, David & Anor v Roberts, Allen & Anor [1997] FCA 933

FEDERAL COURT OF AUSTRALIA

COSTS - proceedings in which several causes of action were litigated - several parties to the proceedings - application successful on one cause of action only - whether costs to be considered on each cause of action separately - whether costs to be awarded on indemnity basis - whether on a party and party basis - relationship between "Calderbank Letter" and Federal Court Rules, O 23 - apportionment of costs. Federal Court of Australia Act 1976 (Cth), s 43. Federal Court Rules, O 23, O 62, r 36. Henderson v Amadio Pty Ltd (Fed Ct/Heerey J, 22 March 1997, unreported). Fasold v Roberts (1997) 145 ALR 548. LED Builders v Hope (1994) 53 FCR 10. John S Hayes & Associates Pty Ltd v Kimberley-Clark Australia Pty Ltd (1994) 52 FCR 201. MGICA (1992) Ltd v Kenny & Good Pty Ltd (No 4) (1996) 140 ALR 707. DAVID FASOLD & ANOR v ALLEN ROBERTS & ANOR NG 942 of 1992 Sackville J Sydney 11 September 1997

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 942 of 1992

BETWEEN: DAVID FASOLD

FIRST Applicant

IAN RUTHERFORD PLIMER

SECOND APPLICANT

AND: allen roberts

AND: first Respondent

AND: ark search association incorporated

second respondent

allen roberts

first cross claimant

ark search association incorporated

second cross claimant

david fasold

first cross respondent

ian rutherford plimer

second cross respondent

JUDGE(S): sackville j.

DATE OF ORDER: 11 SEPTEMBER, 1997

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The first respondent pay the costs of the first applicant in respect of the claim for infringement of the first applicant's copyright, such costs not to be reduced under FCR, O 62, r 36A(1). 2. The applicants pay the costs of the respondents in respect of the applicants' claim under the Fair Trading Acts and the Trade Practices Act 1974 (Cth). 3. Each party bear his or its own costs of the cross-claim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.