Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sporte Leisure Pty Ltd v Paul's International Pty Ltd (No 4) [2011] FCA 201 Citation: Sporte Leisure Pty Ltd v Paul's International Pty Ltd (No 4) [2011] FCA 201
Parties: SPORTE LEISURE PTY LTD (ACN 008 608 919), GREAT WHITE SHARK ENTERPRISES LLC and LIFESTYLE BRANDS HOLDINGS LLC v PAUL'S INTERNATIONAL PTY LTD (ACN 128 263 561), PAUL'S RETAIL PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (ACN 114 419 242), PW TRADING PTY LTD (ACN 103 736 027) (IN ITS OWN RIGHT AND ATF PAUL'S WAREHOUSE DISCRETIONARY TRUST), PW RETAIL PTY LTD (ACN 128 572 574) (IN ITS OWN RIGHT AND ATF PAULS' WAREHOUSE DISCRETIONARY TRUST) and PAUL DWYER
File number: NSD 335 of 2009
Judge: NICHOLAS J
Date of judgment: 10 March 2011
Catchwords: TRADE PRACTICES – injunction under s 80 of the Trade Practices Act 1974 (Cth) – whether injunction should be granted – injunction restraining second respondent from engaging in particular conduct which was held to contravene s 52 and s 53(e) – injunction limited to a period of three years PRACTICE AND PROCEDURE – whether second respondent's failure to comply with interlocutory order justifies award of indemnity costs – whether second respondent's refusal to accept offer of settlement justifies award of indemnity costs – order for indemnity costs refused – party/party costs of the proceeding apportioned on the basis that the second applicant receives 80% of its party/party costs as taxed or agreed
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