Versace v Monte [2002] FCA 781

Versace v Monte [2002] FCA 781

Because damages remained to be determined, the challenged orders were interlocutory and leave to appeal was required. No basis was shown to reopen or vary the order that costs be taxed and paid forthwith: the respondents had ample opportunity to object, the draft orders included the order, their solicitors' letter did not object to it, the proceeding was complex, the defences lacked substance, the applicants faced hardship, and costs were part of the fruits of the interlocutory judgment. The declarations and injunctions concerning absence of communication with Gianni Versace were not outside the litigated issues because that question was central, fully contested, and resolved on the...

Jurisdiction
Australia
Judgment Date
19 June 2002
Procedural Posture
Notice of Motion Seeking Leave to Appeal From Orders and Declarations and Reconsideration of Order as to Costs / After Liability Declarations, Injunctions and Costs Orders, Before Determination of Damages
Outcome
Notice of Motion dismissed; reconsideration of the costs order refused; leave to appeal refused.
Legal Topics
['leave to Appeal From Interlocutory Orders' 'taxation of Costs Forthwith' 'reconsideration of Costs Order' 'misleading or Deceptive Conduct' 'pleadings and Issues Fully Litigated' 'fragmentation of Appeal Process']
['practice and Procedure' 'costs' 'appeals' 'trade Practices'] ['leave to Appeal From Interlocutory Orders' 'taxation of Costs Forthwith' 'reconsideration of Costs Order' 'misleading or Deceptive Conduct' 'pleadings and Issues Fully Litigated' 'fragmentation of Appeal Process']

Case Brief

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Procedural Posture

Notice of Motion Seeking Leave to Appeal From Orders and Declarations and Reconsideration of Order as to Costs / After Liability Declarations, Injunctions and Costs Orders, Before Determination of Damages

Legal Issues

  1. 1 ['Whether the declarations, injunctions and costs orders made on 29 April 2002 were final or interlocutory orders requiring leave to appeal.' 'Whether order 16 requiring costs to be taxed and paid forthwith should be reconsidered or varied because counsel did not recall seeing the draft order.' 'Whether leave should be granted to appeal from the order that costs be taxed and paid forthwith.' 'Whether declarations and orders concerning representations that Monte or Monte companies spoke or otherwise communicated with Gianni Versace were outside the pleadings.' 'Whether leave should be granted for an interlocutory appeal from those declarations and orders.']

Ratio Decidendi

Because damages remained to be determined, the challenged orders were interlocutory and leave to appeal was required. No basis was shown to reopen or vary the order that costs be taxed and paid forthwith: the respondents had ample opportunity to object, the draft orders included the order, their solicitors' letter did not object to it, the proceeding was complex, the defences lacked substance, the applicants faced hardship, and costs were part of the fruits of the interlocutory judgment. The declarations and injunctions concerning absence of communication with Gianni Versace were not outside the litigated issues because that question was central, fully contested, and resolved on the...

Court Disposition

Notice of Motion dismissed; reconsideration of the costs order refused; leave to appeal refused.

Orders

  • ['The Notice of Motion filed by the respondents on 6 May 2002 is dismissed.' "The respondents pay the applicants' costs of the Notice of Motion."]