Becker Group Ltd v Motion Picture Company of Australia Ltd (No 2) [2004] FCA 740

FEDERAL COURT OF AUSTRALIA

Becker Group Ltd v Motion Picture Company of Australia Ltd (No 2) [2004] FCA 740

COSTS – applicant succeeds in contract claim but fails in claim under Trade Practices Act 1974 (Cth) – the failed claim takes up the majority of time and was abandoned at a late stage – whether applicant should pay the costs of the failed claim

Federal Court of Australia Act 1976 (Cth) ss 43, 51A Trade Practices Act 1974 (Cth) Federal Court Rules O 23 Australian Competition and Consumer Commission v Amcor Printing Papers Group Ltd [2000] FCA 163 followed Australian Competition and Consumer Commission v Universal Music Australia Pty Ltd (No 2) (2002) 201 ALR 618 cited Sydney Markets Ltd v Sydney Flower Market Pty Ltd [2002] FCA 283 cited Alpine Hardwoods (Aust) Pty Ltd v Hardys Pty Ltd (No 2) (2002) 190 ALR 121 cited BECKER GROUP LTD v MOTION PICTURE COMPANY OF AUSTRALIA LTD (FORMERLY SCANBOX ASIA PACIFIC LTD) N 404 of 2002 SACKVILLE J SYDNEY 11 JUNE 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 404 OF 2002

BETWEEN: BECKER GROUP LTD

APPLICANT

AND: MOTION PICTURE COMPANY OF AUSTRALIA LTD (FORMERLY SCANBOX ASIA PACIFIC LTD)

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 11 JUNE 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The respondent pay to the applicant damages in the sum of $725,402 ('the damages amount'). 2. The respondent pay to the applicant interest on the damages amount up to the date of judgment in the sum of $284,963 pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth). 3. Judgment be entered for the applicant against the respondent in the amount of $1,010,365. 4. The applicant pay 20 per cent of the respondent's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.