Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Trade Commission v Disktravel [2000] FCA 62
COSTS – appeal – appellant successful on one issue not successful on others – apportionment of costs – discretion – costs follow event. Federal Court of Australia Act 1976 (Cth) s 43(2) Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 48,134 applied Cretazzo v Lombardi (1975) 13 SASR 4 applied Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 42 FLR 213 cited Inn Leisure Industries Pty Ltd (Provisional Liquidator Appointed) v D F McCloy Pty Ltd (No 2) (1991) 28 FCR 172 cited AUSTRALIAN TRADE COMMISSION v DISKTRAVEL, JOHN GAETANO MARIO FIOCCO, DIVOT PTY LTD, HOLDEN BARLOW and CECK INVESTMENTS W 19 of 1999 FRENCH, KIEFEL AND MANSFIELD JJ 11 FEBRUARY 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 19 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUSTRALIAN TRADE COMMISSION
Appellant
AND: DISKTRAVEL
First Respondent
JOHN GAETANO MARIO FIOCCO
Second Respondent
DIVOT PTY LTD
Third Respondent
HOLDEN BARLOW
Fourth Respondent
CECK INVESTMENTS
Fifth Respondent
JUDGE: FRENCH, KIEFEL AND MANSFIELD JJ
DATE OF ORDER: 11 FEBRUARY 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The Respondents to pay the Appellant's costs of the proceedings before the Learned Primary Judge. 2. The orders made on 22 October 1999 are not otherwise varied. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 19 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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