Big Fights Inc v Filmworld Pty Ltd Australian Olympic Committee v The Big Fights Inc & Ors [1997] FCA 49

Big Fights Inc v Filmworld Pty Ltd Australian Olympic Committee v The Big Fights Inc & Ors [1997] FCA 49

Because the custodian issue was an administrative question concerning an interim repository of the Films and the parties assisted the Court with evidence about available facilities, the fact that The Big Fights Inc supported an entity that was not selected did not justify ordering it to pay the Australian Olympic Committee's costs; those costs were instead to be costs of the respective parties in proceeding NG 49 of 1997 generally. In proceeding NG 715 of 1996, the applicant's motion filed 19 December 1996 was dismissed with costs to be part of the parties' respective costs of the proceeding generally.

Jurisdiction
Australia
Judgment Date
04 February 1997
Procedural Posture
Federal Court Civil Proceedings on Motions / Reasons for Judgment (no 2) After Reasons Given on 3 February 1997, Addressing Custodian of the Films, Costs and Orders on Motions
Outcome
Orders made; Australian Olympic Committee's motion costs to be costs of the respective parties in proceeding NG 49 of 1997 generally; motion in proceeding NG 715 of 1996 dismissed.
Legal Topics
['interlocutory Motions' 'custody of Property' 'costs' 'case Management']
['civil Procedure'] ['interlocutory Motions' 'custody of Property' 'costs' 'case Management']

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Procedural Posture

Federal Court Civil Proceedings on Motions / Reasons for Judgment (no 2) After Reasons Given on 3 February 1997, Addressing Custodian of the Films, Costs and Orders on Motions

Legal Issues

  1. 1 ['Who should be the appropriate custodian of the Films.' "Whether The Big Fights Inc should pay the Australian Olympic Committee's costs of the Australian Olympic Committee's motion in proceeding NG 49 of 1997." "What orders should be made on the applicant's notice of motion filed 19 December 1996 in proceeding NG 715 of 1996."]

Ratio Decidendi

Because the custodian issue was an administrative question concerning an interim repository of the Films and the parties assisted the Court with evidence about available facilities, the fact that The Big Fights Inc supported an entity that was not selected did not justify ordering it to pay the Australian Olympic Committee's costs; those costs were instead to be costs of the respective parties in proceeding NG 49 of 1997 generally. In proceeding NG 715 of 1996, the applicant's motion filed 19 December 1996 was dismissed with costs to be part of the parties' respective costs of the proceeding generally.

Court Disposition

Orders made; Australian Olympic Committee's motion costs to be costs of the respective parties in proceeding NG 49 of 1997 generally; motion in proceeding NG 715 of 1996 dismissed.

Orders

  • ['Orders made in terms of paragraphs numbered 1, 2, 3 and 5 of short minutes of orders, initialled by the judge, dated 4 February 1997 and placed with the papers.' "The costs of the Australian Olympic Committee's motion in proceeding NG 49 of 1997 are to be the costs of the respective parties to that motion of the...