Aristocrat Technologies Australia Pty Limited (ACN 001 660 715) v Global Gaming Supplies Pty Ltd (ACN 008 548 589) (No 2) [2010] FCA 277

Aristocrat Technologies Australia Pty Limited (ACN 001 660 715) v Global Gaming Supplies Pty Ltd (ACN 008 548 589) (No 2) [2010] FCA 277

Where parties have had mixed success following the consolidation of proceedings, it is appropriate for the court to apportion costs according to the degree of success and failure and for discrete aspects, and to limit certain costs orders to the period after consolidation.

Jurisdiction
Australia
Judgment Date
08 March 2010
Procedural Posture
Civil / Post Judgment; Allocation of Costs
Outcome
Apportionment of costs ordered as specified; applications for further relief refused.
Legal Topics
['costs' 'apportionment of Costs' 'copyright' 'litigation Procedure']
['civil Procedure'] ['costs' 'apportionment of Costs' 'copyright' 'litigation Procedure']

Case Brief

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Procedural Posture

Civil / Post Judgment; Allocation of Costs

Legal Issues

  1. 1 ['How costs should be allocated in a case of mixed results after a consolidated proceeding' 'Whether costs should be apportioned or fully awarded given partial success and failure on specific issues' 'Whether costs against respondents should be limited to the period following consolidation of proceedings' 'Whether the applicants are entitled to declaratory and injunctive relief after the main judgment']

Ratio Decidendi

Where parties have had mixed success following the consolidation of proceedings, it is appropriate for the court to apportion costs according to the degree of success and failure and for discrete aspects, and to limit certain costs orders to the period after consolidation.

Court Disposition

Apportionment of costs ordered as specified; applications for further relief refused.

Orders

  • ['The first, second, third, fifth and sixth respondents be jointly and severally liable to pay the applicants 50% of their costs of the proceedings incurred on and from 22 June 2007.' 'No orders as to costs of the Global proceeding.' "The applicants pay the fourth respondent's costs of the proceedings in so far as...