Oxford Funding Pty Ltd v Oxford Asia Pacific Investments Pty Ltd (No 2) [2006] FCA 1542

FEDERAL COURT OF AUSTRALIA

Oxford Funding Pty Ltd v Oxford Asia Pacific Investments Pty Ltd (No 2) [2006] FCA 1542

COSTS – dispute over use of name "Oxford" – application for interlocutory injunction dismissed – subsequent settlement, except for costs Held: 1. Court had jurisdiction to make costs order notwithstanding case otherwise settled 2. Court should assess reasonableness of parties' conduct 3. Applicant acted reasonably in commencing proceedings but not in persisting with interlocutory injunction application 4. Applicant should pay respondent's costs of interlocutory injunction application and of costs hearing Oxford Funding Pty Ltd v Oxford Asia-Pacific Investments Pty Ltd [2005] FCA 1637 cited Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 at 201 cited Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 at 624-625 cited We Two Pty Ltd v Shorrock [2002] FCA 875 cited OXFORD FUNDING PTY LTD v OXFORD ASIA PACIFIC INVESTMENTS PTY LTD (NO 2) VID 1317 OF 2005

HEEREY J

17 November 2006

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1317 OF 2005

BETWEEN: OXFORD FUNDING PTY LTD

APPLICANT

AND: OXFORD ASIA PACIFIC INVESTMENTS PTY LTD

RESPONDENT

JUDGE: HEEREY J DATE OF ORDER: 17 november 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applicant pay the respondent's costs of and incidental to the interlocutory injunction application and the hearing in relation to costs. 2. The application is otherwise dismissed. 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 VID 1317 OF 2005

BETWEEN: OXFORD FUNDING PTY LTD

Applicant