Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bitech Engineering v The Muir Electrical Company Proprietary Limited [2010] FCA 1078 Citation: Bitech Engineering v The Muir Electrical Company Proprietary Limited [2010] FCA 1078
Parties: BITECH ENGINEERING v THE MUIR ELECTRICAL COMPANY PROPRIETARY LIMITED (ACN 004 453 945) and BARRINGTON-SMITH MUIR'S PTY LTD (ACN 101 052 975)
File number: NSD 44 of 2007
Judge: FOSTER J
Date of judgment: 30 September 2010
Catchwords: COSTS – proper exercise of the Court's discretion as to costs upon the discontinuance of the whole of the proceeding by the leave of the Court – arrangements agreed amongst the parties, in light of the decision in other related matters, tantamount to success for the applicant – applicant justified in commencing the proceeding and not guilty of disentitling misconduct – applicant entitled to an order for costs in respect of most of the costs incurred by it
Legislation: Federal Court Rules, O 22 r 2(1)(d)
Cases cited: Bitech Engineering v Garth Living Pty Ltd [2010] FCAFC 75 related Bitech Engineering v Garth Living Pty Ltd (2009) 84 IPR 78 related Oshlack v Richmond River Council (1998) 193 CLR 72 cited Rickus v Motor Trade Association of Australia Superannuation Fund Proprietary (2010) 265 ALR 112 applied
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 32
Counsel for the Applicant: Mr PA Maddigan
Solicitor for the Applicant: DLA Phillips Fox
Solicitor for the Respondents: Minter Ellison
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