Rodgers Reidy (Qld) Pty Limited v Google Australia Pty Limited (No 2) [2017] FCA 903
Weighing all competing considerations, including urgency of application, adequacy of notice, and each party's response, neither costs order sought is justified; each party should pay their own costs in respect of the dispute.
- Jurisdiction
- Australia
- Judgment Date
- 09 August 2017
- Procedural Posture
- Urgent Application Before Start of a Proceeding / Costs Determination Following Dismissal of Proceedings
- Outcome
- Each party to pay their own costs. Proceedings dismissed by previous order.
- Legal Topics
- ['costs' 'urgent Interlocutory Relief' 'joinder of Parties' 'publication of Online Advertisements']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Urgent Application Before Start of a Proceeding / Costs Determination Following Dismissal of Proceedings
Legal Issues
- 1 ['Whether proceedings against Google Australia Pty Limited were properly commenced and joined as a party' 'Whether either party should be awarded costs of the urgent application and subsequent proceedings' 'Whether Google Australia Pty Limited could be subject to court orders regarding the Adwords listing']
Ratio Decidendi
Weighing all competing considerations, including urgency of application, adequacy of notice, and each party's response, neither costs order sought is justified; each party should pay their own costs in respect of the dispute.
Court Disposition
Each party to pay their own costs. Proceedings dismissed by previous order.
Orders
- ['The applicant and the first respondent each pay their own costs in respect of the dispute between them.' 'Upon the above determination being made, the proceedings are dismissed by reason of orders made on 23 May 2017.']
Full Case Text
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