Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Seal-A-Fridge Pty Ltd (No 2) [2010] FCA 681 Citation: Australian Competition and Consumer Commission v Seal-A-Fridge Pty Ltd (No 2) [2010] FCA 681
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SEAL-A-FRIDGE PTY LTD ACN 080 116 258 and NIGEL JOHN ROONEY
File number: QUD 184 of 2008
Judge: LOGAN J
Date of judgment: 30 June 2010
Catchwords: PRACTICE AND PROCEDURE – Costs – Whether apportionment appropriate – Part of applicant's claim discontinued at commencement of trial – Applicant fails to succeed in respect of all of remaining claim – Whether any costs disentitling conduct on the part of the Applicant Held: Apportionment in applicant's favour appropriate
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Financial Management and Accountability Act 1997 (Cth) ss 44, 47 Judiciary Act 1903 (Cth) ss 64, 55ZF Trade Practices Act 1974 (Cth) ss 51AC, 51AD, 87B Federal Court Rules O 22 r 2(1)(d) Legal Services Directions 2005 (Cth)
Cases cited: Australian Competition & Consumer Commission v Danoz Direct Pty Ltd (ACN 003 546 709) [2003] FCA 1580 considered Australian Competition and Consumer Commission v Harris Scarfe Australia Pty Ltd (No 2) [2009] FCA 433 considered Australian Competition and Consumer Commission v Seal-A-Fridge Pty Ltd [2010] FCA 525 cited Australian Trade Commission v Disktravel [2000] FCA 62 considered Cachia v Hanes (1994) 179 CLR 403 applied Cretazzo v Lombardi (1975) 13 SASR 4 considered Hobbs v Marlowe [1978] AC 16 considered Hughes v Western Australian Cricket Association (Inc) & Ors (1986) ATPR 40-748 applied Melbourne Steamship Co Ltd v Moorehead (1912) 15 CLR 333 cited Oshlack v Richmond River Council (1998) 193 CLR 72 considered Rickus v Motor Trades Association of Australia Superannuation Fund Pty Limited (2010) 265 ALR 112 followed Dal Point GE, Law of Costs (2nd, LexisNexis Butterworths, 2009)
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