Powerflex Services Pty Ltd v Data Access Corp [2000] FCA 386

FEDERAL COURT OF AUSTRALIA

Powerflex Services Pty Ltd v Data Access Corp [2000] FCA 386 POWERFLEX SERVICES PTY LTD (ACN 007 302 810), POWERFLEX CORPORATION PTY LTD (ACN 058 475 488), DAVID MEREDITH BENNETT, MARGARET ANN BENNETT and DEMILEIGH PTY LTD (ACN 006 026 704) v DATA ACCESS CORPORATION (REGISTRATION NO 508 968) VG 295 OF 1996 BLACK CJ, HILL and SUNDBERG JJ 30 MARCH 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 295 OF 1996

On Appeal from a single Judge of the Federal Court of Australia

BETWEEN: POWERFLEX SERVICES PTY LTD (ACN 007 302 810)

FIRST APPELLANT

POWERFLEX CORPORATION PTY LTD (ACN 058 475 488)

SECOND APPELLANT

DAVID MEREDITH BENNETT

THIRD APPELLANT

MARGARET ANN BENNETT

FOURTH APPELLANT

DEMILEIGH PTY LTD (ACN 006 026 704)

FIFTH APPELLANT

AND: DATA ACCESS CORPORATION

(REGISTRATION NO 508 968)

RESPONDENT

JUDGE: BLACK CJ, HILL and SUNDBERG JJ

DATE OF ORDER: 30 MARCH 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The respondent pay seven‑eights of the appellants' costs of the appeal. 2. The respondent (cross‑appellant) pay the appellants' (cross‑respondents') costs of the cross‑appeal. 3. The respondent pay the appellants' costs of and incidental to the trial save for such part of those costs as is referable to the Huffman Table issue. 4. The costs of the fourth appellant of the trial, and the question whether any part of the respondent's costs should be paid by the fourth appellant, be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 295 OF 1996

On Appeal from a single Judge of the Federal Court of Australia