Crescent Capital Partners Management Pty Limited v Crescent Wealth Investments Australasia Pty Ltd [2025] FCA 133

FEDERAL COURT OF AUSTRALIA

Crescent Capital Partners Management Pty Limited v Crescent Wealth Investments Australasia Pty Ltd [2025] FCA 133 File number(s): NSD 1360 of 2023

Judgment of: GOODMAN J

Date of judgment: 27 February 2025

Catchwords: COSTS – where applicant has discontinued its claim and seeks an order that the respondents pay its costs of that claim on the bases of: (1) capitulation or surrender; (2) unreasonable conduct – assessment of capitulation or surrender to be undertaken on an objective basis by reference to the relief sought in the proceeding – no capitulation or surrender – no unreasonable conduct – application dismissed

Legislation: Australian Securities and Investments Commission Act 2001 (Cth), ss 12DA, 12DB, 12GD, 12GF Competition and Consumer Act 2010 (Cth), Schedule 2, ss 18, 29, 232, 236 Federal Court of Australia Act 1976 (Cth), ss 37M, 37N, 43 Federal Court Rules 2011 (Cth), rr 25.01, 26.12, 30.01 Trade Marks Act 1995 (Cth), ss 120, 126

Cases cited: Australian Competition & Consumer Commission v Contact Plus Group Pty Ltd (in liq) [2006] FCA 396 Bridging Capital Holdings Pty Ltd v Self Directed Super Funds Pty Ltd [2022] FCA 361 Chapman v Luminis [2003] FCAFC 162 Crescent Capital Partners Management Pty Limited v Crescent Funds Management (Aust) Limited [2016] FCA 229 Crescent Funds Management (Aust) Ltd v Crescent Capital Partners Management Pty Limited [2017] FCAFC 2; (2017) 123 IPR 412 Elevate Brandpartners Ltd v Hammond (No 4) [2020] FCA 421 FCA US LLC v Mahindra Automotive Australia Pty Ltd [2021] FCA 1091 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84; (2018) 97 NSWLR 681