Australian Competition and Consumer Commission v Seal-A-Fridge Pty Ltd (No 2) [2010] FCA 681

Australian Competition and Consumer Commission v Seal-A-Fridge Pty Ltd (No 2) [2010] FCA 681

Given the Applicant's partial discontinuance and incomplete success, but in the absence of disentitling conduct or misconduct, apportionment of costs is appropriate; the Applicant is awarded 60% of its costs, including reserved costs, having regard to the divided success and the principle that costs generally follow the event.

Jurisdiction
Australia
Judgment Date
30 June 2010
Procedural Posture
Civil / Costs Judgment Following Trial and Prior Principal Judgment
Outcome
Costs order: Respondents pay 60% of Applicant's costs, including reserved costs, to be taxed.
Legal Topics
['costs' 'unconscionable Conduct' 'franchising' 'disclosure Obligations' 'model Litigant Principles']
['competition and Consumer Law' 'commercial Law' 'practice and Procedure'] ['costs' 'unconscionable Conduct' 'franchising' 'disclosure Obligations' 'model Litigant Principles']

Case Brief

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Procedural Posture

Civil / Costs Judgment Following Trial and Prior Principal Judgment

Legal Issues

  1. 1 ['Appropriate order as to costs where the Applicant discontinued part of its claim and failed to succeed on all remaining claims' 'Whether any conduct disentitled the Applicant from receiving an order for costs' 'Whether apportionment or issue-based costs order should be made']

Ratio Decidendi

Given the Applicant's partial discontinuance and incomplete success, but in the absence of disentitling conduct or misconduct, apportionment of costs is appropriate; the Applicant is awarded 60% of its costs, including reserved costs, having regard to the divided success and the principle that costs generally follow the event.

Court Disposition

Costs order: Respondents pay 60% of Applicant's costs, including reserved costs, to be taxed.

Orders

  • ["Respondents to pay 60% of the Applicant's costs, including reserved costs, to be taxed." 'Declarations that the first respondent engaged in unconscionable conduct in contravention of s 51AC(1) of the Trade Practices Act 1974 (Cth) in relation to fee increases in January 2001 and April 2004 affecting certain...