Elders IXL Ltd & Anor v Australian Estates Pty Ltd [1987] FCA 752

Elders IXL Ltd & Anor v Australian Estates Pty Ltd [1987] FCA 752

The respondent's conduct was found unlawful but not manifestly so or adopted in bad faith, and since Elders IXL Limited succeeded only partially while the second applicant's involvement was occasioned by the respondent's conduct, the proper order is to make no order as to costs.

Parties
First Applicant: Elders IXL Limited; Second Applicant: Australian Estates Ltd.; Respondent: Australian Esates Pty. Ltd.
Jurisdiction
Australia
Judgment Date
03 December 1987
Procedural Posture
General Division Civil Matter / Judgment and Costs Order
Outcome
No order as to costs

Case Brief

Summary, issues, holding and outcome

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Parties

Elders IXL Limited

First Applicant

Australian Estates Ltd.

Second Applicant

Australian Esates Pty. Ltd.

Respondent

Procedural Posture

General Division Civil Matter / Judgment and Costs Order

Legal Issues

  1. 1 Whether the conduct of the respondent in adopting a certain name was unlawful
  2. 2 Whether costs should be ordered in favour of either applicant

Ratio Decidendi

The respondent's conduct was found unlawful but not manifestly so or adopted in bad faith, and since Elders IXL Limited succeeded only partially while the second applicant's involvement was occasioned by the respondent's conduct, the proper order is to make no order as to costs.

Court Disposition

No order as to costs

Orders

  • There be no order as to costs.