Capital Webworks Pty Ltd v Adultshop.Com Limited [2001] FCA 621

FEDERAL COURT OF AUSTRALIA

Capital Webworks Pty Ltd v Adultshop.Com Limited [2001] FCA 621 COSTS – interlocutory injunction – first application dismissed – second application not pursued – lapse of time between two applications – effect of lapse on status quo – whether respondents should be awarded costs on second application – whether necessary for court to infer second application without merit – whether necessary for court to characterise actions of applicant as unreasonable – whether costs should be payable forthwith Warne v Genex Corporation Pty Ltd & Ors (Heerey J, 4 July 1996, unreported) cited Re The Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 cited Mitanis v Pioneer Concrete (Vic) Pty Ltd (1998) ATPR 41-623 cited Stack v Brisbane City Council (1996) 71 FCR 523 cited cf Narellan Pools Pools Pty Ltd v Compass Ceramic Composite Pty Ltd (Lehane J, 2 April 1996, unreported) applied Elliott v Seymour (Foster J, 18 March 1994, unreported) cited CAPITAL WEBWORKS PTY LTD v ADULTSHOP.COM LIMITED, MALCOLM DAY and MELBOURNE INFORMATION TECHNOLOGIES AUSTRALIA PTY LTD W 49 of 2000 RD NICHOLSON J 29 MAY 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 49 of 2000

BETWEEN: CAPITAL WEBWORKS PTY LTD

APPLICANT

AND: ADULTSHOP.COM LIMITED

FIRST RESPONDENT

MALCOLM DAY

SECOND RESPONDENT

MELBOURNE INFORMATION TECHNOLOGIES AUSTRALIA PTY LTD

THIRD RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 29 MAY 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicant's motion for an interlocutory injunction filed on 6 July 2000 be dismissed. 2. The applicant pay the respondents' costs on the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.