Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pacific Brands Sport & Leisure Pty Ltd v Underworks Pty Ltd (No 2)
[2005] FCA 401
COSTS – solicitor and client costs – hopeless case
PACIFIC BRANDS SPORT & LEISURE PTY LTD and PACIFIC BRANDS CLOTHING PTY LTD v UNDERWORKS PTY LTD; UNDERWORKS PTY LTD v SARA LEE APPAREL (AUSTRALASIA) PTY LTD and PACIFIC BRANDS SPORT & LEISURE PTY LTD V1025 of 2003 FINKELSTEIN J MELBOURNE 15 APRIL 2005
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 1025 of 2003
BETWEEN: PACIFIC BRANDS SPORT & LEISURE PTY LTD and PACIFIC BRANDS CLOTHING PTY LTD
Applicants
UNDERWORKS PTY LTD
Respondent
AND BETWEEN: UNDERWORKS PTY LTD
Cross-Claimant
SARA LEE APPAREL (AUSTRALASIA) PTY LTD and
PACIFIC BRANDS SPORT &LEISURE PTY LTD
Cross-Respondents JUDGE: FINKELSTEIN J
DATE: 15 APRIL 2005
WHERE MADE: MELBOURNE
ON THE CLAIM THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's costs. ON THE CROSS CLAIM THE COURT DECLARES THAT the Sub-Licence agreement dated 15 November 2000 between the first Cross-Respondent, Sara Lee Apparel (Australasia) Pty Ltd, and the Cross-Claimant, Underworks Pty Ltd continues in force. 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 V 1025 of 2003
BETWEEN: PACIFIC BRANDS SPORT & LEISURE PTY LTD and PACIFIC BRANDS CLOTHING PTY LTD
Applicants
UNDERWORKS PTY LTD
Respondent
AND BETWEEN: UNDERWORKS PTY LTD
Cross-Claimant
SARA LEE APPAREL (AUSTRALASIA) PTY LTD and
PACIFIC BRANDS SPORT &LEISURE PTY LTD
Cross-Respondents JUDGE: FINKELSTEIN J
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