Magic Menu Systems Pty Ltd & Anor v AFA Facilitation Pty Ltd & Ors [1996] FCA 450

Magic Menu Systems Pty Ltd & Anor v AFA Facilitation Pty Ltd & Ors [1996] FCA 450

The cross-claimants failed to obtain an injunction due to insufficient risk of future injury, but succeeded on all other elements of the cause of action except actual damage. Because the damages claim remains on foot and cross-claimants succeeded on other elements, costs relating to determination of separate issues against first and second cross-respondents should be reserved to the judge who deals with the damages claim.

Jurisdiction
Australia
Judgment Date
10 May 1996
Procedural Posture
Cross Claim / Determination of Separate Issues and Costs Decision
Outcome
Costs as between cross-claimants and first and second cross-respondents are reserved to the judge who deals with the damages claim; liberty to apply concerning costs.
Legal Topics
['maintenance and Champerty' 'costs' 'injunctive Relief']
['civil Procedure' 'torts'] ['maintenance and Champerty' 'costs' 'injunctive Relief']

Case Brief

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Procedural Posture

Cross Claim / Determination of Separate Issues and Costs Decision

Legal Issues

  1. 1 ['Whether cross-claimants were entitled to injunctive relief against first and second cross-respondents for maintenance and champerty' 'Appropriate allocation of costs regarding determination of separate issues' "Effect of findings concerning elements of cross-claimants' causes of action aside from actual damages"]

Ratio Decidendi

The cross-claimants failed to obtain an injunction due to insufficient risk of future injury, but succeeded on all other elements of the cause of action except actual damage. Because the damages claim remains on foot and cross-claimants succeeded on other elements, costs relating to determination of separate issues against first and second cross-respondents should be reserved to the judge who deals with the damages claim.

Court Disposition

Costs as between cross-claimants and first and second cross-respondents are reserved to the judge who deals with the damages claim; liberty to apply concerning costs.

Orders

  • ['As between the cross-claimants and the first and second cross-respondents, the costs of and incidental to the determination of the separate issues be reserved to the judge who deals with the cross-claim for damages against those cross-respondents.' 'There be liberty to all parties to apply with respect to these...