Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jack Brabham Engines Limited v Beare [2010] FCA 1096 Citation: Jack Brabham Engines Limited v Beare [2010] FCA 1096
Parties: JACK BRABHAM ENGINES LIMITED, ALAN CASEY, GAIL CASEY and SIR JOHN ARTHUR BRABHAM OBE v MALCOLM JOHN BEARE, STYLIANOS ELEFTHERIADIS, BEARE TECHNOLOGY PTY LIMITED, SIXSTROKE ENGINE DEVELOPMENTS PTY LTD and REFERENCE AUDIO VISUAL PTY LTD
File number(s): NSD 2132 of 2007
Judge: JAGOT J
Date of judgment: 8 October 2010
Catchwords: COSTS – where application wholly failed – where cross-claim partly successful – basis upon which successful party is entitled to costs – whether apportionment of costs appropriate.
Cases cited: Gove v Black [2006] WASC 298 Haviv Holdings Pty Limited v Howards Storage World Pty Limited (No 2) [2009] FCA 652 Howards Storage World Pty Ltd v Haviv Holdings Pty Ltd (2010) 182 FCR 84; [2010] FCAFC 5 Jack Brabham Engines Limited v Beare [2010] FCA 35 Jack Brabham Engines Limited v Beare [2010] FCA 872 Probiotec Limited v University of Melbourne (2008) 166 FCR 30; [2008] FCAFC 5 Winner v Morey Haigh & Associates (A'Asia) Pty Ltd [1996] FCA 23
Date of hearing: 7 October 2010
Place: Sydney
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