Acer Computer Australia Pty Limited v Carter [2007] FCA 1942

Acer Computer Australia Pty Limited v Carter [2007] FCA 1942

In light of the respondents' abandonment of the claims made in paragraphs 1, 2(a) and 2(b) of the Notice of Motion filed 14 June 2007, those parts of the motion should be formally disposed of and, the respondents not opposing such an order, the respondents should pay the applicants' costs of the motion referable to those abandoned claims up to and including 9 November 2007.

Jurisdiction
Australia
Judgment Date
21 November 2007
Procedural Posture
Federal Court Civil Proceeding / Reasons and Order on Costs Following Abandonment of Parts of the Respondents' Notice of Motion Filed 14 June 2007
Outcome
Respondents ordered to pay the applicants' costs of part of the Notice of Motion filed 14 June 2007.
Legal Topics
['interlocutory Motion' 'conditional Appearance' 'unconditional Appearance' 'transfer of Proceedings' 'costs']
['civil Procedure' 'insolvency'] ['interlocutory Motion' 'conditional Appearance' 'unconditional Appearance' 'transfer of Proceedings' 'costs']

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Procedural Posture

Federal Court Civil Proceeding / Reasons and Order on Costs Following Abandonment of Parts of the Respondents' Notice of Motion Filed 14 June 2007

Legal Issues

  1. 1 ["Whether paragraphs 1, 2(a) and 2(b) of the respondents' Notice of Motion filed 14 June 2007 should be formally disposed of after the respondents no longer sought that relief." "Whether the respondents should pay the applicants' costs referable to the abandoned prayers for relief up to and including 9 November 2007."]

Ratio Decidendi

In light of the respondents' abandonment of the claims made in paragraphs 1, 2(a) and 2(b) of the Notice of Motion filed 14 June 2007, those parts of the motion should be formally disposed of and, the respondents not opposing such an order, the respondents should pay the applicants' costs of the motion referable to those abandoned claims up to and including 9 November 2007.

Court Disposition

Respondents ordered to pay the applicants' costs of part of the Notice of Motion filed 14 June 2007.

Orders

  • ["The respondents pay the applicants' costs of the Notice of Motion filed 14 June 2007 referable to the claims made in paragraphs 1, 2(a) and 2(b), up to and including 9 November 2007."]